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Constitutional Law Keyed to Choper
In re Primus
Citation:
436 U.S. 412 (1978)Facts
Edna Smith Primus was a lawyer practicing in Columbia, South Carolina, who served as an officer of and cooperating lawyer with the ACLU. In July 1973, she attended a meeting with women who had been sterilized or threatened with sterilization as a condition for continued receipt of Medicaid benefits. At this meeting, Primus advised those present, including Mary Etta Williams, of their legal rights and suggested the possibility of a lawsuit. After learning that the ACLU was willing to provide representation for these women, Primus wrote a letter to Williams informing her of the ACLU’s offer of free legal assistance. Williams later visited her doctor, showed him the letter, and decided not to pursue litigation. The South Carolina Board of Commissioners on Grievances and Discipline subsequently charged Primus with unethical solicitation for sending the letter. Despite Primus’s defense that her conduct was protected by the First Amendment, she was found guilty of violating disciplinary rules and received a public reprimand from the Supreme Court of South Carolina.
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