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[From the "Around New York" column of the New York Times,
 April 3, 1991]

COURT SAYS LEGAL AID LAWYERS HAD RIGHT TO WEAR BUTTONS

A state appeals court ruled yesterday that Legal Aid Society lawyers
had a constitutional right to wear "Ready to Strike" buttons in
October, when they argued their cases in court.

The lawyers were wearing the buttons to signify their support of a
threatened strike. But Justice George Roberts of State Supreme Court
ordered them to remove their buttons in his Manhattan courtroom on the
ground they could prejudice the court and upset their clients.

The Apellate division of the State Supreme Court said "the mere act of
wearing a button" was protected by the Constitution's guarantee of
free speech.

Justice Richard W. Wallach pointed out in a concurring opinion that
Justice Roberts had said he would have allowed non-political buttons
such as those that said "Save the Whales". But Justice Wallach issued
a caution to all lawyers:

"If the choice had to be made between saving the lives of lawyers  or
saving whales, there is little doubt that the overwhelming majority of
Americans would come down on the side of the whales"

[.....]

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