There’s often a wide gap between what we can do and what we should do. The First Amendment is a constitutional pillar of our free and open society, but it also supplies a dangerous invitation to run our mouths on topics that are better kept to ourselves. If you doubt me, try invoking the First Amendment the next time you offend your spouse.
Like marriage, the practice of law is an endeavor where engaging in behavior tolerated by the First Amendment can be dangerous, even unethical. You don’t have to be Aristotle to see the tension between “free speech” and “client confidentiality.”