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{{Use mdy dates|date=September 2023}}
{{Infobox SCOTUS case
{{Infobox SCOTUS case
| Litigants=In re Primus
| Litigants=In re Primus
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| DecideDate=May 30
| DecideDate=May 30
| DecideYear=1978
| DecideYear=1978
| FullName=In re Primus
| FullName=In re Edna Smith Primus
| USVol=436
| USVol=436
| USPage=412
| USPage=412
| ParallelCitations=98 S. Ct. 1893; 56 [[L. Ed. 2d]] 417
| Citation=
| Prior=''In re Smith'', 268 S.C. 259, 233 [[S.E.2d]] 301 (1977); probable jurisdiction noted, {{ussc|434|814|1977|el=no}}.
| Holding=Solicitation of prospective litigants by nonprofit organizations that engage in litigation as a form of political expression and political association constitutes expressive and associational conduct entitled to First Amendment protection.
| Holding=Solicitation of prospective litigants by nonprofit organizations that engage in litigation as a form of political expression and political association constitutes expressive and associational conduct entitled to First Amendment protection.
| SCOTUS=1975-1981
| Majority=Powell
| Majority=Powell
| JoinMajority=Burger, Stewart, White, Blackmun, Stevens; Marshall (all but the first paragraph of part VI)
| JoinMajority=Burger, Stewart, White, Blackmun, Stevens; Marshall (all but the first paragraph of part VI)
| Concurrence=Blackmun
| Concurrence=Blackmun
| Concurrence2=Marshall
| Concurrence2=Marshall (in part)
| Dissent=Rehnquist
| Dissent=Rehnquist
| NotParticipating=Brennan
| NotParticipating=Brennan
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}}
}}


'''''In re Primus''''', {{ussc|436|412|1978}}, was a [[Supreme Court of the United States|United States Supreme Court]] case in which the Court held that solicitation of prospective litigants by nonprofit organizations that engage in litigation as a form of political expression and political association constitutes expressive and associational conduct entitled to First Amendment protection.
'''''In re Primus''''', 436 U.S. 412 (1978), was a [[Supreme Court of the United States|United States Supreme Court]] case in which the Court held that solicitation of prospective litigants by nonprofit organizations that engage in litigation as a form of political expression and political association constitutes expressive and associational conduct entitled to [[First Amendment to the United States Constitution|First Amendment]] protection.


== Background ==
== Background ==
Powell was an attorney for the South Carolina affiliate of the [[ACLU]]. South Carolina had a policy of sterilizing certain women as a condition of receiving welfare. Powell sent letters to women who had been thusly sterilized, offering the legal assistance of the ACLU. The South Carolina's Supreme Court disciplinary board reprimanded Powell for violating South Carolina bar rules against soliciting business. The South Carolina Supreme Court approved the discipline. Powell appealed to the US Supreme Court.
[[Edna Smith Primus]], the first Black woman to graduate from the [[University of South Carolina School of Law]], was a pro bono attorney for the [[South Carolina]] affiliate of the [[American Civil Liberties Union]] (ACLU).<ref>{{Cite web |last=DeVelvis |first=Melissa |date=July 16, 2021 |title=Edna Smith Primus - University History |url=https://sc.edu/about/our_history/university_history/presidential_commission/commission_reports/final_report/appendices/appendix-3/primus-smith-edna/index.php |url-status=live |archive-url=https://web.archive.org/web/20230218074033/https://sc.edu/about/our_history/university_history/presidential_commission/commission_reports/final_report/appendices/appendix-3/primus-smith-edna/index.php |archive-date=2023-02-18 |access-date=2023-11-12 |website=University of South Carolina}}</ref> South Carolina had a policy of sterilizing certain women as a condition of receiving welfare. Primus sent letters to women who had been thus sterilized, offering the ACLU's legal assistance. The [[South Carolina Supreme Court]]'s disciplinary board reprimanded Primus for violating state bar rules against soliciting business. The South Carolina Supreme Court approved the discipline. Primus appealed to the U.S. Supreme Court.


== Opinion of the Court ==
== Opinion of the Court ==
The US Supreme Court overturned the discipline, ruling that solicitation of prospective litigants by nonprofit organizations that engage in litigation as a form of political expression and political association constitutes expressive and associational conduct entitled to First Amendment protection.
The U.S. Supreme Court overturned the discipline, ruling that solicitation of prospective litigants by nonprofit organizations that engage in litigation as a form of political expression and political association constitutes expressive and associational conduct entitled to First Amendment protection.

The opinion in ''In re Primus'' was released the same day as another First Amendment case relating to attorney solicitation, ''[[Ohralik v. Ohio State Bar Assn.|Ohralik v. Ohio State Bar Association]],'' 436 U.S. 447 (1978), which upheld a ban on attorney solicitation of accident victims within 30 days of the incident. The holdings were distinguished on account of the political expression and association elements present in ''Primus'' and absent in ''Ohralik''.


== See also ==
== See also ==
* ''[[NAACP v. Button]]'', {{ussc|371|415|1963}}
* ''[[NAACP v. Button]]'', {{ussc|371|415|1963}}
* [[Ambulance chasing]]


== References ==
== References ==
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==External links==
==External links==
{{wikisource}}
* {{wikisource-inline}}
* {{caselaw source
* {{caselaw source
| case=In re Primus - 436 U.S. 412 (1978)
| case=''In re Primus'', {{ussc|436|412|1978|el=no}}
| justia=http://supreme.justia.com/cases/federal/us/436/412/
| justia=http://supreme.justia.com/cases/federal/us/436/412/
| loc =http://cdn.loc.gov/service/ll/usrep/usrep436/usrep436412/usrep436412.pdf
}}
| oyez =https://www.oyez.org/cases/1977/77-56
}}

{{US1stAmendment Freedom of Speech Clause Supreme Court case law|state=collapsed}}
{{US1stAmendment Assemble and Petition Clause Supreme Court case law}}


{{US1stAmendment}}
[[Category:1978 in United States case law]]
[[Category:1978 in United States case law]]
[[Category:Cases related to the American Civil Liberties Union ]]
[[Category:American Civil Liberties Union litigation]]
[[Category:United States Free Speech Clause case law]]
[[Category:United States professional responsibility case law]]
[[Category:United States Supreme Court cases]]
[[Category:United States Supreme Court cases]]
[[Category:United States free speech case law]]
[[Category:United States Supreme Court cases of the Burger Court]]
[[Category:United States reproductive rights case law]]

Latest revision as of 13:50, 22 December 2024

In re Primus
Argued January 16, 1978
Decided May 30, 1978
Full case nameIn re Edna Smith Primus
Citations436 U.S. 412 (more)
98 S. Ct. 1893; 56 L. Ed. 2d 417
Case history
PriorIn re Smith, 268 S.C. 259, 233 S.E.2d 301 (1977); probable jurisdiction noted, 434 U.S. 814 (1977).
Holding
Solicitation of prospective litigants by nonprofit organizations that engage in litigation as a form of political expression and political association constitutes expressive and associational conduct entitled to First Amendment protection.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Potter Stewart
Byron White · Thurgood Marshall
Harry Blackmun · Lewis F. Powell Jr.
William Rehnquist · John P. Stevens
Case opinions
MajorityPowell, joined by Burger, Stewart, White, Blackmun, Stevens; Marshall (all but the first paragraph of part VI)
ConcurrenceBlackmun
ConcurrenceMarshall (in part)
DissentRehnquist
Brennan took no part in the consideration or decision of the case.
Laws applied
U.S. Const. amends. I, XIV

In re Primus, 436 U.S. 412 (1978), was a United States Supreme Court case in which the Court held that solicitation of prospective litigants by nonprofit organizations that engage in litigation as a form of political expression and political association constitutes expressive and associational conduct entitled to First Amendment protection.

Background

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Edna Smith Primus, the first Black woman to graduate from the University of South Carolina School of Law, was a pro bono attorney for the South Carolina affiliate of the American Civil Liberties Union (ACLU).[1] South Carolina had a policy of sterilizing certain women as a condition of receiving welfare. Primus sent letters to women who had been thus sterilized, offering the ACLU's legal assistance. The South Carolina Supreme Court's disciplinary board reprimanded Primus for violating state bar rules against soliciting business. The South Carolina Supreme Court approved the discipline. Primus appealed to the U.S. Supreme Court.

Opinion of the Court

[edit]

The U.S. Supreme Court overturned the discipline, ruling that solicitation of prospective litigants by nonprofit organizations that engage in litigation as a form of political expression and political association constitutes expressive and associational conduct entitled to First Amendment protection.

The opinion in In re Primus was released the same day as another First Amendment case relating to attorney solicitation, Ohralik v. Ohio State Bar Association, 436 U.S. 447 (1978), which upheld a ban on attorney solicitation of accident victims within 30 days of the incident. The holdings were distinguished on account of the political expression and association elements present in Primus and absent in Ohralik.

See also

[edit]

References

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  1. ^ DeVelvis, Melissa (July 16, 2021). "Edna Smith Primus - University History". University of South Carolina. Archived from the original on February 18, 2023. Retrieved November 12, 2023.
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