Sandra Day O'Connor

“ I agree with much of THE CHIEF JUSTICE's opinion. In particular, I agree that a State may regulate speech by lawyers representing clients in pending cases more readily than it may regulate the press. Lawyers are officers of the court and, as such, may legitimately be subject to ethical precepts that keep them from engaging in what otherwise might be constitutionally protected speech. ”

“ It states that "notwithstanding" the prohibitory language located elsewhere in the rule, "a lawyer involved in the investigation or litigation may state without elaboration . . . [t] he general nature of the claim or defense." Gentile made a conscious effort to stay within the boundaries of this "safe harbor." ”