Does the First Amendment guarantee of free speech protect Robinson’s yellow pages ad that stated he could help those whose civil rights were violated?
What will be an ideal response?
No. Robinson argued that because South Carolina had no rules on paralegal qualifications, his advertisement was not false or misleading (which would have made it unprotected by the First Amendment). However, the Court relied on prior case law concerning paralegals and on professional conduct rules in order to state that Robinson’s ad was misleading because he did not work for (or under the supervision of) an attorney. The case law referred to paralegals as being employed by attorneys, and South Carolina’s MR 5.3 requires lawyers to supervise the work of their nonlawyer employees. Therefore, Robinson could not do any “paralegal” work without an attorney supervising his work product. Furthermore, Robinson’s ad constituted unlawful solicitation because he asked people with legal problems to seek his help— something he was unqualified to provide.
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