What's at Stake?

While middle- and upper-class Texans know attorneys personally or have friends who know attorneys, many others who need legal support don't go to social receptions, attend Chamber of Commerce meetings or travel in the same circles with lawyers. They don't have the opportunity to ask - or even know - a colleague who either is a lawyer or knows one for advice on what to do if they become embroiled in a legal issue, such as divorce, an auto accident or any of countless other legal situations.

Although the American legal system ... as well as the English language... oftentimes is foreign to many Texans, no one should have the de-facto right to harm another individual. In fact, lack of access to legal expertise breeds such an environment. Many Texans rely on the storytelling nature of advertising to learn about our legal system and identify with lawyers who are willing and able to help... regulating this form of advertising could eliminate a trusted source of information for millions of people in our state.

Likewise, any action to restrict the ability of a Texan to promote a business or professional practice arguably impinges on First Amendment rights guaranteed by the Constitution. Any time freedom of speech is abused, it becomes easier the next time to violate this tenet central to our very existence as a society - one of many reasons why people die to protect our American rights.

Free speech often has been less than attractive - witness the protection of protests, potentially offensive media and heated debates. The same could be true of some advertisements by some lawyers. Yet unlike most of the advertising messages we receive - the loss of which, the audience is told, could mean duller teeth, a less vibrant sex life or fewer friends - removing the education that attorney advertising provides to a substantial portion of the Texas population could result in an inability to recover losses from damages to persons or property, unjust imprisonment, deportation or even worse.

Texans Against Censorship

A Public Awareness Organization