Lasky and the organizations involved believe what they see as a clear violation of their First Amendment rights favors the PR bodies’ cause and that the vagueness of the opinion makes it difficult for PR pros to adhere to the law.
“Supreme Court precedent requires that restrictions on speech of matters of public interest be required by a legitimate government interest and be narrowly tailored,” he says. “The plaintiffs in this lawsuit argue that [the opinion] doesn’t do either.”
The next 10 days will be critical. A compromise may be an option if New York State can clarify or amend the advisory opinion to narrow the scope of who is regulated. Yet Lasky says it’s too early to tell if that will be the case.