No-citation rules raise serious constitutional concerns. Assuming that it is constitutional to designate an opinion as nonprecedential, it is not constitutional to prohibit citing an opinion. No-citation rules are unconstitutional for two reasons. The first, citation prohibitions interfere with a litigant’s First Amendment right of speech and petition. Second, citation prohibitions violate the separation of powers.
Salem M. Katsh and Alex V. Chachkes,
Constitutionality of "No-Citation" Rules,
3 J. App. Prac. & Process 287
Available at: http://lawrepository.ualr.edu/appellatepracticeprocess/vol3/iss1/14