In the case of Dominic P. Gentile v. State Bar of Nevada, 1990, the U.S Supreme Court ruled in a 5-4 decision that lawyers have a right to free speech and can make out-of-court statements about their cases under certain circumstances without facing professional sanctions. The case arose when Las Vegas defense attorney Dominic Gentile held a press conference asserting his client's innocence after he was indicted for receiving stolen property. Subsequently, the State Bar of Nevada disciplined him for violating rules prohibiting attorneys from making public comments that could prejudice ongoing proceedings. However, the Supreme Court found these restrictions were too broad and violated First Amendment rights as they failed to provide clear guidance on what kind of speech would lead to disciplinary action.

In the dissenting opinion for Dominic P. Gentile v. State Bar of Nevada, Justice Kennedy argued that the majority's decision to uphold restrictions on attorney speech was a violation of First Amendment rights. He contended that such restrictions could potentially limit an attorney's ability to represent their clients effectively and fully, particularly in high-profile cases where public opinion might be swayed against them due to media coverage or other factors outside of the courtroom. Furthermore, he expressed concern about potential chilling effects on free speech more broadly as a result of this ruling, arguing that it set a dangerous precedent by allowing state bars too much power over attorneys' expression outside court proceedings.