gentile state bar nevada argued april decided june petitioner gentile attorney held press conference day client sanders indicted criminal charges nevada law six months later jury acquitted sanders subsequently respondent state bar nevada filed complaint gentile alleging statements made press conference violated nevada rule prohibits lawyer making extrajudicial statements press knows reasonably know substantial likelihood materially prejudicing adjudicative proceeding lists number statements ordinarily likely result material prejudice provides lawyer may state without elaboration general nature defense otwithstanding subsection disciplinary board found gentile violated rule recommended privately reprimanded state affirmed rejecting contention rule violated right free speech held judgment reversed reversed justice kennedy delivered opinion respect parts iii vi concluding interpreted nevada rule void vagueness safe harbor provision rule misled gentile thinking give press conference without fear discipline given rule grammatical structure absence clarifying interpretation state rule fails provide fair notice directed imprecise discriminatory enforcement real possibility necessary operation word notwithstanding rule contemplates lawyer describing general nature defense without elaboration need fear discipline even knows reasonably know statement substantial likelihood materially prejudicing adjudicative proceeding general elaboration classic terms degree context settled usage tradition interpretation law thus lawyer principle determining remarks pass permissible forbidden review press conference gentile made brief opening statement declined answer reporters questions seeking detailed comments supports claim thought statements protected found violation rules studying making conscious effort compliance shows rule creates trap wary well unwary pp chief justice delivered opinion respect parts ii concluding substantial likelihood material prejudice test applied nevada satisfies first amendment pp speech lawyers representing clients pending cases may regulated less demanding standard clear present danger actual prejudice imminent threat standard established regulation press pending proceedings see nebraska press assn stuart lawyer right free speech extremely circumscribed courtroom see sacher pending case limited outside courtroom well see sheppard maxwell cf seattle times rhinehart moreover decisions dealing lawyer first amendment right solicit business advertise suggested lawyers protected extent engaged businesses balanced state interest regulating specialized profession lawyer first amendment interest kind speech issue see bates state bar arizona pp substantial likelihood material prejudice standard constitutionally permissible balance first amendment rights attorneys pending cases state interest fair trials lawyers cases key participants criminal justice system state may demand adherence system precepts regulating speech conduct extrajudicial statements pose threat pending proceeding fairness since special access information discovery client communication since statements likely received especially authoritative standard designed protect integrity fairness state judicial system imposes narrow necessary limitations lawyers speech limitations aimed comments likely influence trial outcome prejudice jury venire even untainted panel ultimately found interests constitution fundamental right fair trial impartial jurors state substantial interest preventing officers imposing costs judicial system litigants arising measures change venue ensure fair trial restraint speech narrowly tailored achieve objectives since applies speech substantially likely materially prejudicial effect neutral points view merely postpones lawyer comments trial pp kennedy announced judgment delivered opinion respect parts iil vi marshall blackmun stevens joined opinion respect parts ii iv marshall blackmun stevens joined rehnquist delivered opinion respect parts ii white scalia souter joined dissenting opinion respect part iii white scalia souter joined post filed concurring opinion post michael tigar argued cause petitioner briefs samuel buffone terrance reed neil galatz robert klonoff argued cause respondent brief donald ayer john howe briefs amici curiae urging reversal filed american civil liberties union et al leon friedman steven shapiro john powell elliot mincberg american newspaper publishers association et al alice neff lucan harold fuson jane kirtley david olive deborah linfield terry maguire rene milam bruce sanford laurent scharff richard schmidt barbara wartelle wall solicitor general starr assistant attorney general mueller deputy solicitor general bryson stephen marzen filed brief amicus curiae urging affirmance briefs amici curiae filed american bar association john curtin george kuhlman national association criminal defense lawyers william genego nevada attorneys criminal justice kevin kelly justice kennedy announced judgment delivered opinion respect parts iii vi opinion respect parts ii iv justice marshall justice blackmun justice stevens join hours client indicted criminal charges petitioner gentile member bar state nevada held press conference made prepared statement set forth appendix opinion responded questions refer questions responses course opinion six months later criminal case tried jury client acquitted counts state bar nevada filed complaint petitioner alleging violation nevada rule rule governing pretrial publicity almost identical aba model rule professional conduct set forth full text rule appendix rule prohibits attorney making extrajudicial statement reasonable person expect disseminated means public communication lawyer knows reasonably know substantial likelihood materially prejudicing adjudicative proceeding rule lists number statements ordinarily likely result material prejudice rule provides safe harbor attorney listing number statements made without fear discipline notwithstanding parts rule following hearing southern nevada disciplinary board state bar found gentile made statements question concluded violated rule board recommended private reprimand petitioner appealed nevada waiving confidentiality disciplinary proceeding nevada affirmed decision board nevada application rule case violates first amendment petitioner spoke time manner neither law fact created threat real prejudice client right fair trial state interest enforcement criminal laws furthermore rule safe harbor provision rule appears permit speech question nevada decision discipline petitioner spite provision raises concerns vagueness selective enforcement matter us call question constitutionality prohibitions upon attorney speech substantial likelihood materially prejudicing adjudicative proceeding limited nevada interpretation standard hand one central point must dominate analysis case involves classic political speech state bar nevada reprimanded petitioner assertion supported brief sketch client defense state sought indictment conviction innocent man scapegoat honest enough indict people police department crooked cops see infra appendix issue constitutionality ban political speech critical government officials unlike first amendment cases term speech direct target regulation statute question see barnes glen theatre ante ban nude barroom dancing leathers medlock sales tax cable satellite television case involves punishment pure speech political forum petitioner engaged solicitation clients advertising practice precedents colleagues discern standard diminished first amendment protection words directed public officials conduct office question speech critical exercise state power lies center first amendment nevada seeks punish dissemination information relating alleged governmental misconduct last term described speech traditionally recognized lying core first amendment butterworth smith judicial system particular criminal justice courts play vital part democratic state public legitimate interest operations see landmark communications virginia difficult single aspect government higher concern importance people manner criminal trials conducted richmond newspapers virginia public vigilance serves us well knowledge every criminal trial subject contemporaneous review forum public opinion effective restraint possible abuse judicial power without publicity checks insufficient comparison publicity checks small account oliver said bridges california limits upon public comment pending cases likely fall crucial time upon important topics discussion suggestion found constitution freedom guaranteed speech press bears inverse ratio timeliness importance ideas seeking expression public awareness criticism even greater importance concern allegations police corruption see nebraska press assn stuart brennan concurring judgment ommentary fact strong evidence implicating government official criminal activity goes core matters public concern also present circumstance criticism questions judgment elected public prosecutor system grants prosecutors vast discretion stages criminal process see morrison olson scalia dissenting public interest responsible exercise called upon determine constitutionality aba model rule professional conduct rule interpreted applied state nevada model rule requirement substantial likelihood material prejudice necessarily flawed interpreted proper narrow manner instance prevent attorney record releasing information grave prejudice eve jury selection phrase substantial likelihood material prejudice might punish speech creates danger imminent substantial harm rule governing speech even speech entitled full constitutional protection need use words clear present danger order pass constitutional muster justice holmes test never intended express technical legal doctrine convey formula adjudicating cases pennekamp florida frankfurter concurring properly applied test requires make inquiry imminence magnitude danger said flow particular utterance balance character evil well likelihood need free unfettered expression possibility measures serve state interests also weighed landmark communications virginia supra difference requirement serious imminent threat found disciplinary rules common formulation substantial likelihood material prejudice prove mere semantics standard requires assessment proximity degree harm may capable valid application principles nothing inherent nevada formulation fails first amendment review case demonstrates rule interpreted conformance principles nevada ii even one accept respondent argument lawyers participating judicial proceedings may subjected consistent first amendment speech restrictions imposed press general public judgment upheld record support conclusion petitioner knew reasonably known remarks created substantial likelihood material prejudice rule terms given meaningful content held cases raising first amendment issues appellate obligation make independent examination whole record order make sure judgment constitute forbidden intrusion field free expression bose consumers union quoting new york times sullivan neither disciplinary board reviewing explains sense petitioner statements substantial likelihood causing material prejudice evidence gentile videotape statements testimony disciplinary hearing bar whole case rests fact statements time made petitioner justifications full deference factual findings justify abdication responsibility determine whether petitioner statements punished consistent first amendment standards rather compelled examine statements issue circumstances made see whether carry threat clear present danger impartiality good order courts whether character principles first amendment adopted due process clause fourteenth amendment protect pennekamp florida whenever fundamental rights free speech alleged invaded must remain open defendant present issue whether actually exist time clear danger whether danger imminent whether evil apprehended one substantial justify stringent restriction interposed legislature landmark communications virginia quoting whitney california brandeis concurring decision earlier term virginia provides pointed contrast respondent contention case community subjected barrage publicity prior trial capital murder news stories appeared course several months included addition details crime numerous items prejudicial information inadmissible trial eight twelve individuals seated jury admitted exposure pretrial publicity held publicity rise even level requiring questioning individual jurors content publicity light holding nevada conclusion petitioner abbreviated general comments six months trial created substantial likelihood materially prejudicing proceeding say least unconvincing publicity january undercover police officers las vegas metropolitan police department metro reported large amounts cocaine four kilograms travelers checks almost missing safety deposit vault western vault corporation drugs money used part undercover operation conducted metro intelligence bureau petitioner client grady sanders owned western vault john moran las vegas sheriff reported theft press conference february naming police western vault employees suspects although two police officers detective steve scholl sergeant ed schaub enjoyed free access deposit box throughout period theft log reported comings goings vault series press reports following year indicated investigators consider officers responsible instead investigators focused upon western vault owner newspaper reports quoted sheriff high police officials saying lost confidence elite intelligence bureau beginning sheriff moran complete faith trust officers app media reported following announcement cocaine theft others deposit boxes western vault come forward claim missing items one man claimed theft life savings western vault suffered heavy losses customers terminated box rentals company soon went business police opened boxes search missing items reported seized currency box listed unrented initial press reports stated sanders western vault cooperative time went press noted police investigation failed identify culprit process elimination beginning point toward sanders reports quoted affidavit detective theft part effort discredit undercover operation business records suggested existence business relation sanders targets metro undercover probe deputy police chief announced two detectives access vault cleared possible suspects according unnamed source close investigation police shifted idea thief planned discredit undercover operation theory thief unwittingly stolen police stories noted sanders reached comment story took sensational turn reports two police suspects cleared police investigators passing lie detector tests tests administered one ray slaughter later federal bureau investigation fbi arrested slaughter distributing cocaine fbi informant belinda antal also reported seized unrented safety deposit box western vault stored suitcase owned one tammy sue markham markham facing number federal charges tucson arizona markham reported items missing three boxes rented western vault one beatrice connick according press reports columbian national living san diego facing drug related charges turned petitioner impeached connick credibility trial existence money laundering conviction connick also reported taken passed lie detector test substantiate charges finally press reports indicated sanders refused take police polygraph examination press suggested fbi suspected metro officers responsible theft reported theft severely damaged relations fbi metro press conference petitioner las vegas criminal defense attorney author articles criminal law procedure former associate dean national college criminal defense lawyers public defenders leaks police department advance notice date indictment returned nature charges sanders petitioner monitored publicity surrounding case prior indictment personally aware least articles major local newspapers las vegas sun las vegas numerous local television news stories reported western vault theft ensuing investigation see respondent exhibit disciplinary board petitioner determined first time career call formal press conference blunder press conference acted considerable deliberation petitioner motivation petitioner explained disciplinary board primary motivation concern unless weaknesses state case made public potential jury venire poisoned repetition press information released police prosecutors particular repeated press reports polygraph tests fact two police officers longer suspects app respondent distorts rule suggests explanation admits purpose prejudice venire proves violation rule rule prohibits dissemination information one knows reasonably know substantial likelihood materially prejudicing adjudicative proceeding petitioner indicate thought sway pool potential jurors form opinion advance trial seek discuss evidence inadmissible trial sought counter publicity already deemed prejudicial southern nevada disciplinary board found said petitioner attempted counter public opinion perceived adverse sanders ii refute certain matters regarding client appeared media iii fight back perceived efforts prosecution poison prospective juror pool iv publicly present sanders side case app petitioner gave second reason holding press conference demonstrates additional value speech petitioner acted part investigation taken serious toll client sanders man good health suffered multiple surgeries prior events prior indictment mere suspicion wrongdoing caused closure western vault loss sanders ground lease atlantic city new jersey property ibid attorney duties begin inside courtroom door ignore practical implications legal proceeding client attorney may recommend plea bargain civil settlement avoid adverse consequences possible loss trial attorney may take reasonable steps defend client reputation reduce adverse consequences indictment especially face prosecution deemed unjust commenced improper motives defense attorney may pursue lawful strategies obtain dismissal indictment reduction charges including attempt demonstrate public opinion client deserve tried petitioner investigation rule rule phrased terms attorney knows reasonably know evening press conference petitioner two colleagues spent several hours researching extent attorney obligations rule decided held see patton yount timing statement crucial assessment possible prejudice rule application accord stroble california app upon return indictment set trial date august six months future petitioner knew time statement jury empaneled six months earliest ever recalled reported cases finding prejudice resulting juror exposure far worse information two four months trial concluded proposed statement substantially likely result material prejudice ibid statement reaches attention venire eve voir dire might require continuance cause difficulties securing impartial jury least complicate jury selection process see aba annotated model rules professional conduct timing statement significant factor determining seriousness imminence threat turned case exposure statement six months prior trial result prejudice content fading memory long trial date clark county nevada population excess persons given size community potential jury venire drawn length time trial damaging information give rise likelihood prejudice innocuous content petitioner statements reinforces conclusion content petitioner statements petitioner disciplined statements effect evidence demonstrated client innocence likely thief police detective steve scholl victims credible drug dealers convicted money launderers one accused sanders response police pressure process trying work something appendix infra app findings recommendation state bar nevada southern nevada disciplinary board also strongly implied steve scholl observed videotape suffering symptoms cocaine use course small fraction petitioner remarks disseminated public two newspaper stories two television news broadcasts stories mentioned gentile press conference also prosecution response police press conference see app respondent exhibit disciplinary board chief deputy district attorney quoted saying legitimate indictment prosecutors bring indictment unless prove charges beyond reasonable doubt app deputy police chief sullivan stated police department metro satisfied officers scholl sgt ed schaub nothing theft reproach veteran police officers dedicated honest law enforcement context general public awareness police prosecution statements likely result prejudice petitioner statements given repetitive publicity police investigation difficult come conclusion balance remained favor prosecution much information provided petitioner published one form another obviating potential prejudice see aba annotated model rules professional conduct extent information already circulated significant factor determining likelihood prejudice remainder details petitioner refused provide available journalist willing little bit investigative work petitioner statements lack obvious bases finding prejudice unlike police refused comment polygraph tests except confirm earlier reports sanders submitted police polygraph mentioned confessions evidence searches test results refused elaborate upon charge victims credible except explain general theory pressured testify attempt avoid legal trouble may asserted claims attempt collect insurance money events following press conference petitioner judgment likelihood material prejudice result comments vindicated events trial true rule standard controlling pretrial publicity must judged time statement made ex post evidence probative value cases rule purports demand constitution requires consideration character harm heightened likelihood occurrence record altogether devoid facts one expect follow upon statement created real likelihood material prejudice criminal jury trial trial took place schedule august request either party venue change continuance jury empaneled apparent difficulty trial judge questioned jury venire publicity although many vague recollections reports cocaine stored western vault stolen police undercover operation petitioner feared one remembered police cleared suspicion single juror indicated recollection petitioner press conference app respondent exhibit disciplinary board trial material information disseminated petitioner press conference admitted evidence jury including information questioning motives credibility supposed victims testified sanders detective scholl ingestion drugs course undercover operations order testified gain confidence suspects app jury acquitted petitioner client petitioner explained disciplinary board trial man acquitted next week foreman jury phoned said verdict form respect guilt steve scholl found man proven guilty beyond reasonable doubt iii interpreted nevada rule void vagueness event safe harbor provision rule misled petitioner thinking give press conference without fear discipline rule provides lawyer may state without elaboration general nature defense statements provision protected otwithstanding subsection necessary operation word notwithstanding rule contemplates lawyer describing general nature defense without elaboration need fear discipline even comments character credibility reputation criminal record witness even knows reasonably know statement substantial likelihood materially prejudicing adjudicative proceeding given grammatical structure absent clarifying interpretation state rule fails provide fair notice directed grayned city rockford lawyer seeking avail rule protection must guess contours right explain general nature defense without elaboration provides insufficient guidance general elaboration classic terms degree context us terms settled usage tradition interpretation law lawyer principle determining remarks pass safe harbor general forbidden sea elaborated petitioner testified thought statements protected rule app review press conference supports claim gave brief opening statement see appendix infra numerous occasions declined answer reporters questions seeking detailed comments one illustrative exchange shows petitioner attempt obey rule question floor dominick mention question credibility witnesses people named victims government indictment go elaborate backgrounds interests gentile ca ethics prohibit last night decided going make statement took good close look rules professional responsibility things say things ca okay ca name people drug backgrounds sure guys find little bit investigative work app pet cert emphasis added prohibition vague regulations speech based part need eliminate impermissible risk discriminatory enforcement kolender lawson smith goguen history shows speech suppressed either speaker message critical enforce law question whether discriminatory enforcement occurred assume whether rule imprecise discriminatory enforcement real possibility inquiry particular relevance one classes affected regulation criminal defense bar professional mission challenge actions state petitioner instance succeeded preventing conviction client speech issue involved criticism government iv analysis point resolves case usual order things discussion end five members however endorse extended discussion concludes nevada may interpret requirement substantial likelihood material prejudice standard deferential usual rule speech concerned appears necessary therefore set forth objections conclusion reasoning underlies respondent argues speech attorney subject greater regulation speech others restrictions attorney speech assessed balancing test weighs state interest regulation specialized profession lawyer first amendment interest kind speech issue cases cited colleagues support balancing bates state bar arizona peel attorney registration disciplinary ohralik ohio state bar seattle times rhinehart involved either commercial speech attorneys restrictions upon release information attorney gain use discovery process neither categories underlying interests justified creation implicated petitioner disciplined proclaimed community thought misuse prosecutorial police powers balancing interests appropriate context respondent justify substantial limitation speech attorneys lawyers special access information including confidential statements clients information obtained pretrial discovery plea negotiations lawyers statements likely received especially authoritative brief respondent rule however reflect concern attorney special access client confidences material gained discovery proprietary confidential information upheld restrictions upon release information gained virtue trial discovery processes seattle times rhinehart supra seattle times prohibit release discovery information attorney well client similar rules require attorney maintain client confidences see aba model rule professional conduct case involves speech subject restriction rationale seattle times much information petitioner remarks included explicit reference fair inference earlier press reports petitioner learned revealed press conference discovery process special access afforded attorneys spoke press day indictment outset formal participation criminal proceeding us complaint prosecutors police presiding judge petitioner misused information special access claim petitioner revealed client confidences may waived event rule face applied neither limited even directed preventing release information received proceedings special access afforded attorneys cf butterworth smith goes far beyond respondent relies upon obiter dicta sawyer sheppard maxwell nebraska press assn stuart proposition attorney speech ongoing proceedings must subject pervasive regulation order ensure impartial adjudication criminal proceedings sawyer involved general comments smith act prosecutions rather particular proceeding attorney involved conduct held sanctionable applicable aba canon professional ethics quite apart resort first amendment principles nebraska press assn considered challenge order barring press reporting matters prejudicial defendant sixth amendment trial right information released defense counsel sheppard maxwell overturned conviction trial described circus courtroom taken press jurors turned media stars prejudice sheppard fair trial right traced principal part police prosecutorial irresponsibility trial failure control proceedings courthouse environment case suggests restrictions upon information release none confronted permitted scope least cases recognize disciplinary rules governing legal profession punish activity protected first amendment first amendment protection survives even attorney violates disciplinary rule swore obey admitted practice law see primus bates state bar arizona supra recent years accepted colleagues apparent theory practice law brings comprehensive restrictions defer professional bodies restrictions impinge upon first amendment freedoms none justifications put forward respondent suffice sanction abandonment normal first amendment principles case speech attorney regarding pending cases even respondent correct seattle times must balance whether practice question furthers important substantial governmental interest unrelated suppression expression whether limitation first amendment freedoms greater necessary essential protection particular governmental interest involved seattle times supra quoting procunier martinez rule interpreted nevada fails searching inquiry required precedents occasional case presents danger prejudice pretrial publicity empirical research suggests instances jurors exposed extensive prejudicial publicity able disregard base verdict upon evidence presented see generally simon decision nebraska press association fit research evidence impact jurors news coverage stan rev drechsel alternative view relations evidence suggests fair press issue hofstra rev voir dire play important role reminding jurors set aside information decide case upon evidence presented trial factors weigh favor affording attorney speech ongoing proceedings traditional first amendment protections colleagues historical survey notwithstanding respondent demonstrated sufficient state interest restricting speech attorneys justify lower standard first amendment scrutiny still less justification exists lower standard scrutiny speech involved prosecutor police criminal defense attorney respondent amici present single example defense attorney managed public statements prejudice prosecution state case even discounting obvious reason lack appellate decisions topic difficulty appealing verdict acquittal absence anecdotal survey evidence area law remarkable various bar association advisory commission reports resulted promulgation aba model rule professional conduct regulations attorney speech sources cite present convincing case restrictions upon speech defense attorneys see swift model rule unconstitutional regulation defense attorney trial publicity rev summarizing studies concluding empirical anecdotal evidence need restrictions defense publicity see also drechsel supra ata showing heavy reliance journalists law enforcement sources prosecutors confirms appropriateness focusing attention sources attempting control publicity police prosecution government officials community large hold innumerable avenues dissemination information adverse criminal defendant many within scope rule regulation contrast defendant speak without fear incriminating prejudicing defense criminal defendants insufficient means retain public relations team apart defense counsel sole purpose countering prosecution statements factors underscore conclusion blanket rules restricting speech defense attorneys accepted without careful first amendment scrutiny respondent uses officer label imply attorney contact press somehow inimical attorney proper role rule posits inconsistency attorney role discussions press permits comment press absent substantial likelihood materially prejudicing adjudicative proceeding respondent articulate principle contact press reconciled attorney role explain might attorneys participate criminal justice system trained complexities hold unique qualifications source information pending cases since lawyers considered credible regard pending litigation engaged one knowledgeable positions crucial source information opinion chicago council lawyers bauer extent press public rely upon attorneys information attorneys well informed may prove value public speech members bar dangers speech arise persuasiveness ability explain judicial proceedings likelihood speech believed sort dangers validate restrictions first amendment permit suppression speech power command assent one may concede proposition attorney speech pending cases may present dangers arise statements nonparticipant attorney duty cooperate judicial process may prevent taking actions intent frustrate process role attorneys criminal justice system subjects fiduciary obligations parties attorney position may result added ability obstruct proceedings statements press though one debate extent attorney ability without violating established duties require attorney cooperation extent possible nonparticipants proper weighing dangers might consider harm occurs speech ongoing proceedings forces take burdensome steps sequestration continuance change venue regular matter speech attorney pending cases raised real dangers kind substantial governmental interest might support additional regulation speech case involves sanction speech innocuous application rule safe harbor provision begrudging difficult determine force arguments carry different setting instant case poor vehicle defining precision outer limits constitution ability regulate attorney statements ongoing adjudicative proceedings least however say rule punished petitioner statements represents limitation first amendment freedoms greater necessary essential protection particular governmental interest protect danger necessary gravity imminence likelihood vigorous advocacy demand legal profession accepted takes place neutral dispassionate control judicial system though cost delays undermine many cases american judicial trial remains one purest rational forums lawful determination disputes profession takes pride traditions may consider disserved lawyers use skills insight make untested allegations press instead courtroom constraints professional responsibility societal disapproval act sufficient safeguards cases circumstances press comment necessary protect rights client prevent abuse courts said petitioner conduct demonstrated real specific threat legal process statements full protection first amendment vi judgment nevada reversed appendix opinion kennedy appendix petitioner opening remarks press conference february app pet cert gentile want start saying clear terms think indictment significant event history evolution sophistication city las vegas things nature exactly nature happened new york french connection case miami cases least two cases happened chicago well three cities honest enough indict people police department crooked cops case goes trial develops going see evidence prove grady sanders innocent person nothing charges leveled person direct position stolen drugs money american express travelers checks detective steve scholl far evidence establish detective scholl took drugs took american express travelers checks living human say feel grady sanders used scapegoat try cover obvious people las vegas metropolitan police department district attorney office respect charges contained indictment victims sit today tell one two four known drug dealers convicted money launderers drug dealers three say word anything approached metro already trouble trying work something moment course started going along detectives metro wanted say people held incredible liars people going say believe another problem going see develop fact counts least four said nothing anything missing las vegas metropolitan police department announced publicly last year claim drugs american express travelers ecks missing many contracts people show face contract insurance contents box look indictment closely going see claims fall finally two claims face indictment came attention prior events january date metro said something missing box claims dealt sanders dealing essentially people sure ever anything box say appendix nevada rule effect prior january trial publicity lawyer shall make extrajudicial statement reasonable person expect disseminated means public communication lawyer knows reasonably know substantial likelihood materially prejudicing adjudicative proceeding statement referred subsection ordinarily likely effect refers civil matter triable jury criminal matter proceeding result incarceration statement relates character credibility reputation criminal record party suspect criminal investigation witness identity witness expected testimony party witness criminal case proceeding result incarceration possibility plea guilty offense existence contents confession admission statement given defendant suspect person refusal failure make statement performance results examination test refusal failure person submit examination test identity nature physical evidence expected presented opinion guilt innocence defendant suspect criminal case proceeding result incarceration information lawyer knows reasonably know likely inadmissible evidence trial disclosed create substantial risk prejudicing impartial trial fact defendant charged crime unless included therein statement explaining charge merely accusation defendant presumed innocent unless proven guilty notwithstanding subsection lawyer involved investigation litigation matter may state without elaboration general nature claim defense information contained public record investigation matter progress including general scope investigation offense claim defense involved except prohibited law identity persons involved scheduling result step litigation request assistance obtaining evidence information necessary thereto warning danger concerning behavior person involved reason believe exists likelihood substantial harm individual public interest criminal case identity residence occupation family status accused ii accused apprehended information necessary aid apprehension person iii fact time place arrest iv identity investigating arresting officers agencies length investigation footnotes gentile news conference story gentile compares vault burglary french connection case bad guys cops gentile says evidence circumstantial cops seem likely culprits det scholl shown signs drug use customers pressured complaining metro customers known drug dealers agencies operated vault without similar problems metro news conference chief sullivan explains officers involved cleared polygraph tests story mentions polygrapher ray slaughter unusual slaughter private examiner metro examiner reporter details slaughter background including test john moran regarding spilotro contributions also mentions slaughter drug bust speculates whether setup fbi quotes gentile saying two cases definitely related app emphasis added occasions follows question floor believe police officers scholl involved disappearance dope gentile let say believe proof two different things okay reluctant discuss believe want slander somebody tell proof shows scholl guy likely taken cocaine american express traveler checks question floor proof gentile come come app pet cert question floor seen reports fbi seems think sort along lines gentile well agree question floor know anything gentile yes dan position able discuss tell interesting six months year case develops question floor cops pass polygraph gentile well like give comment except ray slaughter trial coming want get way anybody able defend question floor think slaughter case connection gentile absolutely think question question floor gentile well intertwined great deal think know think connection something believe true ca point true going say anything question floor think police involved passed legitimate legitimately passed lie detector tests gentile want comment two reasons number one ray slaughter coming trial right call liar think true secondly much faith polygraph tests question floor sanders ever take one gentile police polygraph question floor yes gentile take police polygraph question floor take one gentile going disclose petitioner argues rule categorical speech prohibition fails first amendment analysis overbreadth petitioner interprets subsection providing particular statements presumptively prohibited regardless circumstances surrounding speech brief petitioner respondent read rule list statements ordinarily likely create material prejudice establishing evidentiary presumption rather intended assist lawyer compliance brief respondent opinions disciplinary board nevada address point though petitioner reading plausible least one treatise supports petitioner reading see hazard hodes law lawyering handbook model rules professional conduct analogous subsection aba model rule creates presumption prejudice given lack discussion lower opinion difficulties find address arguments chief justice rehnquist delivered opinion respect parts ii delivered dissenting opinion respect part iii justice white justice scalia justice souter join petitioner disciplined making statements press pending case represented criminal defendant state bar nevada review found petitioner knew known substantial likelihood statements materially prejudice trial client nonetheless petitioner contends first amendment constitution requires stricter standard met speech attorney may disciplined must finding actual prejudice substantial imminent threat fair trial brief petitioner conclude substantial likelihood material prejudice standard applied nevada satisfies first amendment petitioner client subject highly publicized case response adverse publicity client gentile held press conference day sanders indicted press conference petitioner made among others following statements case goes trial develops going see evidence prove grady sanders innocent person nothing charges leveled person direct position stolen drugs money american express travelers checks detective steve scholl far evidence establish detective scholl took drugs took american express travelers checks living human victims sit today tell one two four known drug dealers convicted money launderers drug dealers three say word anything approached metro already trouble trying work something moment course started going along detectives metro wanted say people held incredible liars people going say believe app pet cert stigma attaches merely accused okay know represent innocent man last time conference client let talk told case dismissed okay take cheap shots like represent innocent guy right police playing fast loose got video tapes take look tell detective scholl either hell cold seen better doctor southern nevada disciplinary board found petitioner knew detective accused perpetrating crime abusing drugs witness prosecution also found petitioner believed others characterized money launderers drug dealers called prosecution witnesses petitioner admitted purpose calling press conference counter public opinion perceived adverse client fight back perceived efforts prosecution poison prospective juror pool publicly present client side case board found light statements timing petitioner purpose petitioner knew known substantial likelihood statements materially prejudice sanders trial nevada affirmed board decision finding clear convincing evidence petitioner knew reasonably known comments substantial likelihood materially prejudicing adjudication client case noted case highly publicized press conference held day indictment day arraignment timed maximum impact petitioner comments related character credibility reputation criminal record police detective potential witnesses ibid concluded absence actual prejudice establish substantial likelihood material prejudice ibid ii gentile asserts stringent standard applied nebraska press assn stuart restraints press publication pendency criminal trial applied speech lawyer whose client defendant criminal proceeding case held order suppress press commentary evidentiary matters state show publicity unchecked distort views potential jurors found proper instructions fulfill sworn duty render verdict exclusively evidence presented open respondent hand relies statements cases sheppard maxwell sharply distinguished restraints press restraints lawyers whose clients parties proceeding collaboration counsel press information affecting fairness criminal trial subject regulation highly censurable worthy disciplinary measures courts historically regulated admission practice law exercised authority discipline ultimately disbar lawyers whose conduct departed prescribed standards membership bar privilege burdened conditions use statement cardozo rouss quoted theard century ago first official code legal ethics promulgated country alabama code warned attorneys avoid newspaper discussion legal matters stated ewspaper publications attorney merits pending anticipated litigation tend prevent fair trial courts otherwise prejudice due administration justice drinker legal ethics american bar association promulgated code entitled canons professional ethics many thereafter adopted aba canons jurisdictions canon stated newspaper publications lawyer pending anticipated litigation may interfere fair trial courts otherwise prejudice due administration justice generally condemned extreme circumstances particular case justify statement public unprofessional make anonymously ex parte reference facts go beyond quotation records papers file even extreme cases better avoid ex parte statement representatives bar law enforcement associations news media work together establish ethical standards concerning collection presentation information public interference pending criminal investigations proceedings right individuals fair trial model rules professional conduct drafted early drafters go far revised fair press standards giving precedence lawyer right make extrajudicial statements fair trial rights implicated instead adopted substantial likelihood material prejudice test currently addition nevada adopted either verbatim insignificant variations rule aba model rules eleven adopted disciplinary rule aba code professional responsibility less protective lawyer speech model rule applies reasonable likelihood prejudice standard one state virginia explicitly adopted clear present danger standard four district columbia adopted standards arguably approximate clear present danger petitioner maintains however first amendment constitution requires state nevada case demonstrate clear present danger actual prejudice imminent threat discipline may imposed lawyer initiates press conference occurred relies decisions nebraska press assn stuart bridges california pennekamp florida craig harney support position cases held trial courts might constitutionally punish use contempt power newspapers others publishing editorials cartoons items critical judges particular cases held punishments imposed clear present danger serious substantive evil designed avert bridges california supra petitioner also relies wood georgia held might punish sheriff publicly criticizing judge charges grand jury respondent state bar nevada points hand none cases involved lawyers represented parties pending proceeding points statement holmes patterson colorado ex rel attorney general colorado hen case finished courts subject criticism people propriety necessity preventing interference course justice premature statement argument intimidation hardly denied respondent also points similar statement bridges supra word trial connotes decisions evidence arguments properly advanced open legal trials like elections use radio newspaper time however criminal justice system exists larger context government ultimately people wish informed happenings criminal justice system sufficiently informed happenings might wish make changes system way acquire information media first amendment protections speech press held cases cited require showing clear present danger malfunction criminal justice system caused state may prohibit media speech publication particular pending trial question must answer case whether lawyer represents defendant involved criminal justice system may insist standard disciplined public pronouncements case whether state instead may penalize sort speech upon lesser showing unquestionable courtroom judicial proceeding whatever right free speech attorney extremely circumscribed attorney may speech conduct resist ruling trial beyond point necessary preserve claim appeal sacher criminal trial fisher pace civil trial even outside courtroom majority two separate opinions case sawyer observed lawyers pending cases subject ethical restrictions speech ordinary citizen order affirming suspension attorney practice attack fairness impartiality judge plurality opinion found discipline improper concluded comments fact impugned judge integrity justice stewart provided fifth vote reversal sanction said separate opinion join possible intimation lawyer invoke constitutional right free speech immunize discipline proven unethical conduct said bedience ethical precepts may require abstention circumstances might constitutionally protected speech four dissenting justices sustained discipline said course lawyer person constitutional freedom utterance may exercise castigate courts administration justice lawyer actively participating trial particularly emotionally charged criminal prosecution merely person even merely lawyer intimate trusted essential part machinery justice officer compelling sense frankfurter dissenting joined clark harlan whittaker must remember reversals palliatives cure lies remedial measures prevent prejudice inception courts must take steps rule regulation protect processes prejudicial outside interferences neither prosecutors counsel defense accused witnesses staff enforcement officers coming jurisdiction permitted frustrate function collaboration counsel press information affecting fairness criminal trial subject regulation highly censurable worthy disciplinary measures emphasis added even area far courtroom pendency case decisions dealing lawyer right first amendment solicit business advertise contrary promulgated rules ethics suggested lawyers protected first amendment extent engaged businesses see bates state bar arizona peel attorney registration disciplinary ohralik ohio state bar cases engaged balancing process weighing state interest regulation specialized profession lawyer first amendment interest kind speech issue cases recognize principle stated cohen appellant citizen denied common rights citizens stood inquiry appellate division another quite different capacity also lawyer officer like instrument justice quoted cohen hurley state regulation implicates first amendment rights must balance interests state legitimate interest regulating activity question see seattle times supra substantial likelihood test embodied rule constitutional analysis designed protect integrity fairness state judicial system imposes narrow necessary limitations lawyers speech limitations aimed two principal evils comments likely influence actual outcome trial comments likely prejudice jury venire even untainted panel ultimately found interests constitution fundamental right fair trial impartial jurors outcome affected extrajudicial statements violate fundamental right see sheppard turner louisiana evidence criminal trial must come solely witness stand public courtroom full evidentiary protections even fair trial ultimately ensured voir dire change venue device measures entail serious costs system extensive voir dire may able filter effects pretrial publicity increasingly widespread media coverage criminal trials change venue may suffice undo effects statements made petitioner state substantial interest preventing officers lawyers imposing costs judicial system litigants restraint speech narrowly tailored achieve objectives regulation attorneys speech limited applies speech substantially likely materially prejudicial effect neutral points view applying equally attorneys participating pending case merely postpones attorneys comments trial supported substantial state interest preventing prejudice adjudicative proceeding duty protect integrity rule limited face preventing speech substantial likelihood materially prejudicing proceeding iii assist lawyer deciding whether extrajudicial statement problematic rule sets statements likely cause material prejudice contrary petitioner contention improper evidentiary presumptions model rule rule derived specifically designed avoid categorical prohibitions attorney speech contained aba model code professional responsibility disciplinary rule see aba commission evaluation professional standards model rules professional conduct notes comments proposed final draft may proposed final draft statements listed likely cause material prejudice closely track similar list outlined sheppard fact many prejudicial news items traced prosecution well defense aggravates judge failure take action effective control sources concededly within power might well prevented divulgence inaccurate information rumors accusations made much inflammatory publicity specifically trial might well proscribed extrajudicial statements lawyer party witness official divulged prejudicial matters refusal sheppard submit interrogation take lie detector tests statement made sheppard officials identity prospective witnesses probable testimony belief guilt innocence like statements concerning merits case see state van duyne interpreted canon american bar association canons professional ethics prohibit statements gentile also argues rule void vagueness provide adequate notice comments subject discipline doctrine concerned defendant right fair notice adequate warning conduct runs afoul law see smith goguen colten kentucky rule drafted intent provide illustrative compilation gives fair notice conduct ordinarily posing unacceptable dangers fair administration justice proposed final draft rule provides sufficient notice nature prohibited conduct circumstances case petitioner complain lack notice admitted primary objective holding press conference violation rule core prohibition prejudice upcoming trial influencing potential jurors petitioner clearly given notice conduct forbidden list conduct likely cause prejudice advisory certainly gave notice statements made violate rule intended effect majority agrees petitioner victim unconstitutional vagueness regulations relationship rule see ante section allows attorney state general nature claim defense notwithstanding prohibition contained examples contained course true majority points word general word elaboration terms degree combined first sentence convey definite proposition authorized statements must contain sort detailed allegations petitioner made press conference sensible person think following general statements claim defense made without elaboration person direct position stolen drugs money detective steve scholl far evidence establish detective scholl took drugs took american express travelers checks living human detective scholl either hell cold seen better doctor victims one two four known drug dealers convicted money launderers section exception provisions must read light prohibitions examples contained first two sections obviously intended negate prohibitions examples wholesale simply intended provide safe harbor might doubt whether one examples covered proposed conduct provisions vague conduct petitioner disciplined determining sufficiency notice statute must necessity examined light conduct defendant charged national dairy products petitioner strongest arguments statements made well advance trial statements fact taint jury panel nevada pointed petitioner statements highly inflammatory portrayed prospective government witnesses drug users dealers money launderers statements timed maximum impact public interest case height immediately sanders indicted reviewing independently entire record see pennekamp florida convinced petitioner statements substantially likely cause material prejudice proceedings evidence pro con point find persuasive admission petitioner called press conference express purpose influencing venire difficult believe went trouble took risk substantial likelihood succeed case must review record highest state reached determination give respectful attention reasoning conclusion ibid state bar nevada made factual findings nevada upheld findings far better position appreciate likely effect petitioner statements potential members jury panel highly publicized case board nevada apply list statements likely cause material prejudice presumptions specifically found petitioner intended prejudice trial based upon nature statements timing fact substantially likely cause material prejudice upon review record conclude mistaken see gypsum several amici argue first amendment requires state show actual prejudice judicial proceeding attorney may disciplined extrajudicial statements since board nevada found actual prejudice petitioner disciplined simply another way stating stringent standard nebraska press applied speech lawyer pending case reasons heretofore given decline adopt added objection stricter standard applied lawyer participants adopted even comments flagrant made petitioner serve basis disciplinary action wholly independent reasons effect proceedings attorney made prejudicial comments insulated discipline government reasons unrelated comments decided dismiss charges plea bargain reached equally culpable attorney whose client case went trial subject discipline constitution mandate fortuitous difference petitioner admitted practice law nevada courts oath took recited support abide follow rules professional conduct may hereafter adopted rule nevada rules first amendment excuse obligation forbid discipline imposed upon nevada affirm decision nevada arizona arkansas connecticut idaho indiana kansas kentucky maryland mississippi missouri new mexico pennsylvania rhode island south carolina west virginia wyoming adopted model rule verbatim delaware florida louisiana montana new hampshire new jersey new york oklahoma south dakota texas wisconsin adopted model rule minor modifications irrelevant issues presented case michigan washington adopted subsection model rule minnesota adopted subsection limits application pending criminal jury trial utah adopted version model rule employing substantial likelihood materially influencing test alaska colorado georgia hawaii iowa massachusetts nebraska ohio tennessee vermont adopted disciplinary rule verbatim north carolina also uses reasonable likelihood prejudic test rule professional conduct illinois rule professional conduct serious imminent threat fairness adjudicative proceeding maine bar rule professional responsibility substantial danger interference administration justice north dakota rule professional conduct serious imminent threat materially prejudicing adjudicative proceeding oregon dr serious imminent threat process adjudicative proceeding acts indifference effect district columbia dr supp serious imminent threat impartiality judge jury disagree justice kennedy statement case call question constitutionality prohibitions upon attorney speech substantial likelihood materially prejudicing adjudicative proceeding limited nevada interpretation standard ante petitioner challenged rule unconstitutional face addition applied contending substantial likelihood material prejudice test unconstitutional lawyer speech punished violates standard clear present danger set forth nebraska press assn stuart see brief petitioner validity rules many applying substantial likelihood material prejudice test therefore called question case nevada consistently read parts rule applying lawyers pending cases lawyers nonlawyers express opinion constitutionality rule regulating statements lawyer participating pending case statements made note cases petitioner cites supporting use clear present danger standard one even arguably involved nonthird party wood georgia county sheriff held contempt publicly criticizing instructions given judge grand jury although sheriff technically officer virtue position determined statements made capacity private citizen connection official duties said petitioner whose statements made course furtherance role defense counsel justice kennedy appears contend material prejudice lawyer publicity response publicity favorable side ante justice kennedy find publicity designed counter prejudicial publicity prejudicial despite likelihood influencing potential jurors unless actually go far cause jurors affirmatively biased favor lawyer client first place test difficult impossible apply fundamentally misconceives constitutional test impartial juror whether juror lay aside impression opinion render verdict evidence presented murphy florida quoting irvin dowd juror may initially swayed publicity favorable prosecution rendered fit service bombarded publicity favorable defendant basic premise legal system lawsuits tried media see bridges california patterson colorado ex rel attorney general colorado defendant may protected publicity favor police prosecution voir dire change venue jury instructions extreme cases reversal due process grounds remedy prosecutorial abuses violate rule lies form similarly prejudicial comments defense counsel disciplining prosecutor justice concurring agree much chief justice opinion particular agree state may regulate speech lawyers representing clients pending cases readily may regulate press lawyers officers may legitimately subject ethical precepts keep engaging otherwise might constitutionally protected speech see sawyer stewart concurring result mean course lawyers forfeit first amendment rights less demanding standard applies agree chief justice substantial likelihood material prejudice standard articulated rule passes constitutional muster accordingly join parts ii chief justice opinion