guest and host), podcasts, television appearances and one court appearance.
Respondent concedes that the statements attributed to him in this motion were all made
in the context of his representation of Donald J. Trump and/or the Trump campaign
(Giuliani affidavit ¶¶ 8, 32).
Preliminary Issues
Respondent raises an overarching argument that the AGC's investigation into his
conduct violates his First Amendment right of free speech.2 He does not attack the
constitutionality of the particular disciplinary rules; he seemingly claims that they are
unconstitutional as applied to him. We reject respondent’s argument. This disciplinary
proceeding concerns the professional restrictions imposed on respondent as an attorney
to not knowingly misrepresent facts and make false statements in connection with his
representation of a client. It is long recognized that “speech by an attorney is subject to
greater regulation than speech by others" (Gentile v State Bar of Nevada, 501 US 1030,
1051 [1991]). Unlike lay persons, an attorney is "a professional trained in the art of
persuasion" (Ohralik v Ohio State Bar Assn., 436 US 447, 465 [1978]). As officers of the
court, attorneys are "an intimate and trusted and essential part of the machinery of
justice" (Gentile v State Bar of Nevada, 501 US at 1072 [internal quotation marks
omitted]). In other words, they are perceived by the public to be in a position of
knowledge, and therefore, "a crucial source of information and opinion" (Gentile v State
Bar of Nevada, 501 US at 1056 [internal quotations marks omitted]). This weighty
responsibility is reflected in the "ultimate purpose of disciplinary proceedings [which] is
to protect the public in its reliance upon the integrity and responsibility of the legal
Giuliani affidavit ¶6 “. . . Petitioner’s allegations regarding statements that I made,
violates my First Amendment right of free speech . . . " (see also Answer ¶¶ 25-26).
2
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