« on: July 10, 2015, 07:44:50 PM »
Yes; no, as my area of law does not involve court per se, but hearings.
I agree with your assertion that life is not an ivory tower; however, I think that axiom points the other way. The statutes and other rules are presumptively valid and the burden is on you, both the poster and the hypothetical plaintiff. But as a matter of practicality, the same people who are the quasi-judicial or executive branch lawyers who control the state bar are the same or similar to the lawyers in the judiciary, depending on the state and whether you're making a federal constitutional claim. Those lawyers have a strong interest in upholding their rules and generally have the same beliefs as to what is permissible and not.
loki has already covered the actual law better than I could. I think if someone could make that claim in court and win, they would've done so.