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.
Primus 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. Primus 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 Primus for violating South Carolina bar rules against soliciting business. The South Carolina Supreme Court approved the discipline. Primus appealed to the US Supreme Court.
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, 436U.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
Primus 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. Primus 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 Primus for violating South Carolina bar rules against soliciting business. The South Carolina Supreme Court approved the discipline. Primus appealed to the US Supreme 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.
