FLORIDA BAR – Appellant
Versus
WENT FOR IT, INC. , (1995) – Respondent
Respondent lawyer referral service and an individual Florida attorney filed this action for declaratory and injunctive relief challenging, as violative of the First and Fourteenth Amendments, Florida Bar rules prohibiting personal injury lawyers from sending targeted direct-mail solicitations to victims and their relatives for 30 days following an accident or disaster. The District Court entered summary judgment for the plaintiffs, relying on Bates v. State Bar of Arizona,
Held:
In the circumstances presented here, the Florida Bar rules do not violate the First and Fourteenth Amendments. Pp. 3-16.
OCONNOR, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and SCALIA, THOMAS, and BREYER, JJ., joined. KENNEDY, J., filed a dissenting opinion, in which STEVENS, SOUTER, and GINSBURG, JJ., joined. [ FLORIDA BAR v. WENT FOR IT, INC., ___ U.S. ___ (1995), 1]
JUSTICE OCONNOR delivered the opinion of the Court.
Rules of the Florida Bar prohibit personal injury lawyers from sending targeted direct-mail solicitations to victims and their relatives for 30 days following an accident or disaster. This case asks us to consider whether such rules violate the First and Fourteenth Amendments of the Constitution. We hold that in the circumstances presented here, they do not.
In 1989, the Florida Bar completed a 2-year study of the effects of lawyer advertising on public opinion. After conducting hearings, commissioning surveys, and reviewing extensive public commentary, the Bar determined that several changes to its advertising rules were in order. In late 1990, the Florida Supreme Court adopted the Bars proposed amendments with some modifications. The Florida Bar: Petition to Amend the Rules Regulating the Florida Bar - Advertising Issues, 571 So.2d 451 (Fla. 1990). Two of these amendm
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