No. 25-948

Upsolve, Inc., et al. v. Letitia James, Attorney General of New York

Lower Court: Second Circuit
Docketed: 2026-02-10
Status: Pending
Type: Paid
Experienced Counsel
Tags: content-neutrality first-amendment legal-advice nonprofit-speech speech-restriction unauthorized-practice-of-law
Key Terms:
FirstAmendment
Latest Conference: N/A
Question Presented (AI Summary)

Is a law whose application is triggered by communicating about a particular topic nonetheless content-neutral so long as the law can be described as aimed at the 'purpose, focus, and circumstance' of the speech rather than at its content?

Question Presented (from Petition)

Petitioners, a nonprofit corporation and one of its volunteers, wanted to train nonlawyers to offer narrow, specific advice to poor people facing specific legal problems —a program that turned out to be prohibited by New York’s prohibition on the “unauthorized practice of law,” which reaches even unpaid spoken advice about the law . In the case below, the Second Circuit held that this restriction on Petitioners’ speech is content -neutral because it is not aimed at the content of their speech (which is communicating legal advice and opinions to particu lar clients ) but is instead aimed at the “purpose, focus , and circumstance” of their speech, which is “the rendering of legal advice and opinions to particular clients.” The question presented is: Is a law whose application is triggered by communicating a bout a particular topic nonetheless content-neutral so long as the law can be described as aimed at the “purpose, focus, and circumstance” of the speech rather than at its content?

Docket Entries

2026-02-06
Petition for a writ of certiorari filed. (Response due March 12, 2026)
2025-12-17
Application (25A381) granted by Justice Sotomayor extending the time to file until February 6, 2026.
2025-12-10
Application (25A381) to extend further the time from January 7, 2026 to February 6, 2026, submitted to Justice Sotomayor.
2025-10-05
Application (25A381) granted by Justice Sotomayor extending the time to file until January 7, 2026.
2025-09-29
Application (25A381) to extend the time to file a petition for a writ of certiorari from December 8, 2025 to January 7, 2026, submitted to Justice Sotomayor.

Attorneys

Upsolve, Inc., et al.
Robert James McNamaraInstitute for Justice, Petitioner
Robert James McNamaraInstitute for Justice, Petitioner