SHAPERO v. KENTUCKY BAR ASSN., 486 U.S. 466 (1988)
Do you think that letters like those sent by Shapero should be protected speech under the Constitution? Why or why not? In your response, please explain your reasoning.
The letters that were sent by Shapero should be protected under the Constitution.
Why? The letters that was sent to potential clients was not misleading nor, was it misrepresentation in any kind of way. As the letter stated it was brought to his or their attention that the potential client home were being foreclosed if in fact that is true Shapero could help stop foreclosure. The advertisement is solely for Shapero to get clients that are in need of legal help.
Do you believe targeted lawyer advertising can be effectively regulated without being totally banned? Why or why not? In your response, please explain your reasoning.
Yes, I believe it can be effectively regulated without being totally banned. Why? "The First Amendment does not permit a ban on certain speech merely because it is more efficient; the State may not constitutionally ban a particular letter on the (486 U.S. 466, 474) theory that to mail it only to those whom it would most interest is somehow inherently objectionable."