NUMBER 262 1928

Question. Is it professionally improper for a member of the Bar to publicly advocate the violation of a law on the ground that it is an unwarranted invasion of personal liberty and impossible of enforcement, such law having been declared constitutional by the Supreme Court of the United States?

Answer. While a member of the Bar has the right and under certain circumstances may be under the duty to advise the testing of a law which is in his opinion unconstitutional, it is, in the opinion of the Committee, professionally improper for him to advocate publicly or to advise its violation under the conditions stated in the question.


He may assert the constitutional right and privilege to argue for the modification or repeal of the law, but, for him, publicly to advocate the violation of a law judicially declared to be constitutional upon the grounds stated in the question, tends to lessen the respect of the public for law and is in violation of his duty as a lawyer.