Create a Case Brief....Texans Against Censorship, Inc. v. State Bar of Texas, 888 F. Supp. 1328, 1352 (E.D. Tex. 1995). For instance, some jurisdictions have held that telephone calls are not as invasive or persua- sive as in-person solicitations and therefore may be a valid means of outreach to potential clients. In determining whether telephonic communications are a mode of expres- sion "rife with possibilities for overreaching, invasion of privacy, the exercise of undue influence, and outright fraud," it is necessary to examine whether lawyers will be able to employ their arts of persuasion over the telephone to the same degree as in personal meetings with prospective clients. It appears likely that lawyers will be more limited in their ability to employ persuasive techniques over the telephone than in a face-to-face confrontation. In some face-to-face situations, such as the hospital room solicitation described in Ohralik, it may be particularly difficult for a con- sumer to end a conversation with a lawyer. With telephone solicitations, however, the consumer need only hang up the telephone receiver to end the matter. It is thus evident that the recipients of telephone solicitations have a much more effective means of ending unpleasant or harassing calls than those subjected to an in-person solicitation.

precise circumstances of the solicitations." Texans Against Censorship, Inc. v. State Bar of Texas, 888 F. Supp. 1328, 1352 (E.D. Tex. 1995). For instance, some jurisdictions have held that telephone calls are not as invasive or persuasive as in-person solicitations and therefore may be a valid means of outreach to potential clients. In determining whether telephonic communications are a mode of expression "rife with possibilities for overreaching, invasion of privacy, the exercise of undue influence, and outright fraud," it is necessary to examine whether lawyers will be able to employ their arts of persuasion over the telephone to the same degree as in personal meetings with prospective clients. It appears likely that lawyers will be more limited in their ability to employ persuasive techniques over the telephone than in a face-to-face confrontation. In some face-to-face situations, such as the hospital room solicitation described in Ohralik, it may be particularly difficult for a consumer to end a conversation with a lawyer. With telephone solicitations, however, the consumer need only hang up the telephone receiver to end the matter. It is thus evident that the recipients of telephone solicitations have a much more effective means of ending unpleasant or harassing calls than those subjected to an in-person solicitation