Does section 6068(f) of the California Bar Association prohibit the use of the word "offensive personality" in the context of conduct unbecoming a member of the bar?

MultiRegion, United States of America

The following excerpt is from U.S. v. Wunsch, 84 F.3d 1110 (9th Cir. 1996):

We find a certain circuity in California's argument. Attorneys are on notice of the reach of section 6068(f) because they are attorneys, and the reach of section 6068(f) is defined by the conduct demanded of those same attorneys. While we have little trouble with the notion that "conduct unbecoming a member of the bar" has some definable substance, we find no such limits to "offensive personality." The cases cited by California in support of its contention that the word "offensive" in other statutes has been upheld against similar vagueness challenges are inapplicable, because what is specific in one context need not be specific in another. See, e.g., Diaz v. Watts, 189 Cal.App.3d 657, 234 Cal.Rptr. 334, 340 (1987) (upholding prohibition against "material offensive to any race, gender, nationality, religious faith or similar group" in prison context).

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