Judicial Restrictions on Attorneys\u27 Speech Concerning Pending Litigation: Reconciling the Rights to Fair Trial and Freedom of Speech

The constitutionality of restraints on attorneys\u27 speech has been considered by only two federal circuit courts: the Seventh Circuit, in Chicago Council of Lawyers v. Bauer,\u27 and, more recently, the Fourth Circuit, in Hirschkop v. Snead.\u27 Relying on many of the same precedents, the circuits nevertheless developed seemingly contrary standards. This Recent Development compares the analyses of these recent cases and suggests an appropriate standard for the accommodation of the conflicting rights of free speech and a fair trial