United States v. Cutler
United States Court of Appeals for the Second Circuit
58 F.3d 825 (1995)
Bruce Cutler (defendant) represented accused mob boss John Gotti. After the U.S. Attorney publicly called Gotti a "murderer, not a folk hero," Cutler gave a series of press interviews defending Gotti and attacking the government. The trial judge repeatedly tried to get Cutler to comply with Local Rule 7, which bars attorneys from making public statements reasonably likely to prejudice a pending criminal case, but Cutler kept giving interviews and was ordered to show cause why he should not be held in criminal contempt. Cutler argued Local Rule 7 violated his free-speech rights; the district court found him guilty of contempt, and Cutler appealed.
Whether a rule preventing an attorney from making prejudicial statements reasonably likely to be made public violates the First Amendment.