Gardner

Gardner v. State Bar

Good Law
284 F.3d 1040
United States Court of Appeals for the Ninth CircuitMarch 21, 2002No. 01-15152California1,483 words

Opinion

Lead Opinion

Noonan, J.

Chuck Gardner appeals the judgment of the district court for Nevada denying his motion for a preliminary injunction against the State Bar of Nevada et al. (the State Bar) and dismissing his complaint with prejudice. Gardner sought the injunction to prevent the State Bar from conducting a public relations campaign. We hold that the campaign does not violate Gardner’s right under the First Amendment not to be compelled to contribute to the expression of an idea he does not endorse or his right of freedom of association. Accordingly, the judgment of the district court is affirmed.

FACTS

The State Bar is a Nevada corporation under “the exclusive jurisdiction and control of the supreme court.” Nevada Supreme Court Rule, 76(1). The State Bar governs the legal profession in the state, subject to the approval of the Nevada Supreme Court. Id. No person may practice law as an officer of a court of the state “who is not an active member” of the State Bar. Id. 77. Among the purposes of the State Bar is “to advance public understanding of the law, the system of justice and the role of lawyers”. State Bar Bylaw, sec. 2.1(j).

In 1997, the Nevada Supreme Court appointed a committee on…

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