Mason Law Students Win First Amendment Moot Court Competition
Kim Bierenbaum
Issue date: 3/6/07 Section: News
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The hypothetical case of Ussery v. State Bar of Georgia presented competitors with challenging First Amendment questions relating to the punishment of a lawyer for refusing to identify a flier as an attorney advertisement. Competitors also had to argue whether the flier constituted fully protected political speech or commercial speech. Additionally, competitors had to address whether the speech, if commercial, was misleading; whether the court should modify its long standing test for the regulation of commercial speech; and whether the state could require the attorney to post a disclaimer noting that the flier was an advertisement.
Clarke and Mortlock surpassed 34 other teams from law schools nationwide.
"I was elated to hear that Al and Samantha finished first, but not really surprised. Their practice sessions had shown they had the skill and knowledge to be winners, and I was grateful that their hard work was rewarded in the contest itself," said Ernie Isenstadt, coach of the team. Their preparation was certainly a large contributor to their success.
"We prepared like crazy," Clarke said. He quickly added, "I think ultimately, though, we won because of this preparation. We were so comfortable with the material and the poise and confidence that came through as a result of this preparation may have set us apart from the other competitors."
First, there was the brief. While almost every moot court competition victory depends heavily on the strength of the brief, this competition was weighted even more towards writing, with the brief counting 50 percent in the preliminary rounds, 25 percent in the first advancing round, and then not at all during the two final rounds.