In the last ten years New jersey lawyers have been soliciting citizens who have been
issued traffic tickets though computer access to the NJ court system records.
This week several local representatives have prepared a bill that would criminalize
any such solicitation.
The legislative intent reflects that that public has come to dislike the intrusion
to private lives the solicitation of attorney services when none have been sought
after. Unfortunately, this bill will not past constitutional muster because there
are several significant free speech issues involved. Commercial advertising has
helped to be a constitutionally protected form of speech by individuals and
corporations alike. As well, other states have attempted to regulate this type
of advertising and those state supreme courts have run into the same issues!