Amicus Brief: Upsolve v. James

Upsolve, Inc. is a nonprofit that seeks to help New Yorkers understand and respond to the large number of debt-collection lawsuits in the state. One quarter of cases filed in the state's courts are for collecting consumer debt. Many of these lawsuits are meritless attempts to collect a debt that isn't even owed. But if a defendant doesn't properly respond to the lawsuit, they will get a default judgment against them.

New York lawmakers recognized the problem and created a simple form to help defendants respond to debt-collection lawsuits. Yet many still need help with the form, and there aren't enough lawyers in the state to provide assistance. Enter Upsolve, but New York has very strict rules governing the "unauthorized practice of law." New York argues that it is a crime to give unpaid, one-on-one legal advice on how to fill out a simple form. Upsolve sued, arguing that the legal advice is protected free speech. 

The Manhattan Institute has filed a brief in support of Upsolve for the second time. The first time, we supported a petition for Supreme Court review, which was denied. Now, the case is back at the Second Circuit, where the important question is whether the state has to demonstrate with evidence whether Upsolve's legal advice is harming anyone. The lower court decided the question without any evidence on the record, and we argue that the First Amendment requires more. 

Ilya Shapiro is a senior fellow and director of Constitutional Studies at the Manhattan Institute. Follow him on Twitter here.

Trevor Burrus is a legal policy fellow at the Manhattan Institute.