The Kelley Institute
Law of Lawyering
Supreme Court Review
Cases tagged as: legal advice
Clapper v. Amnesty International USA
133 S. Ct. 1138 (2013) (PDF)
The Court reversed and remanded, 5-4, deciding that respondents lacked Article III standing to challenge FISA Amendments Act of 2008, 50 U.S.C. Section 1881(1)(a). The Court thus did not determine whether the federal wiretapping anti-terrorism program interferes with attorneys' ethical obligations.
Holder v. Humanitarian Law Project
130 S. Ct. 2705 (2010) (PDF)
18 USSCS sec. 2339B did not require proof of intent to further an illegal terrorists organizations activities. The statute was not impermissibly vague as applied to plaintiff's proposed activities which included training and expert advice or assistance. The statute did not prohibit independent advocacy but providing even benign support to a foreign terrorist organization bolstered terrorist activities
Milavetz, Gallop & Milavetz, P.A. v. United States
130 S. Ct. 1324 (2010) (PDF)
Attorneys who provide bankruptcy assistance to assisted persons are debt relief agencies under the BAPCPA, and as such Section 526(a)(4) prohibits an attorney only from advising a debtor to incur more debt because the debtor is filing for bankruptcy, rather than for a valid purpose. Section 528's advertising disclosure requirements are valid under the First Amendment as applied to Milavetz.