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- NOTICE: This opinion is subject to formal revision before publication in the
- preliminary print of the United States Reports. Readers are requested to
- notify the Reporter of Decisions, Supreme Court of the United States, Wash-
- ington, D.C. 20543, of any typographical or other formal errors, in order that
- corrections may be made before the preliminary print goes to press.
- SUPREME COURT OF THE UNITED STATES
- --------
- No. 94-226
- --------
- FLORIDA BAR, PETITIONER v. WENT FOR IT,
- INC., and JOHN T. BLAKELY
- on writ of certiorari to the united states court
- of appeals for the eleventh circuit
- [June 21, 1995]
-
- Justice O'Connor 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.
-
- I
- 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 deter-
- mined that several changes to its advertising rules were
- in order. In late 1990, the Florida Supreme Court
- adopted the Bar's 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 amendments
- are at issue in this case. Rule 4-7.4(b)(1) provides that
- -[a] lawyer shall not send, or knowingly permit to be
- sent, . . . a written communication to a prospective
- client for the purpose of obtaining professional employ-
- ment if: (A) the written communication concerns an
- action for personal injury or wrongful death or otherwise
- relates to an accident or disaster involving the person to
- whom the communication is addressed or a relative of
- that person, unless the accident or disaster occurred
- more than 30 days prior to the mailing of the communi-
- cation.- Rule 4-7.8(a) states that -[a] lawyer shall not
- accept referrals from a lawyer referral service unless the
- service: (1) engages in no communication with the public
- and in no direct contact with prospective clients in a
- manner that would violate the Rules of Professional
- Conduct if the communication or contact were made by
- the lawyer.- Together, these rules create a brief 30-day
- blackout period after an accident during which lawyers
- may not, directly or indirectly, single out accident
- victims or their relatives in order to solicit their
- business.
- In March 1992, G. Stewart McHenry and his wholly
- owned lawyer referral service, Went For It, Inc., filed
- this action for declaratory and injunctive relief in the
- United States District Court for the Middle District of
- Florida challenging Rules 4.7-4(b)(1) and 4.7-8 as
- violative of the First and Fourteenth Amendments to the
- Constitution. McHenry alleged that he routinely sent
- targeted solicitations to accident victims or their survi-
- vors within 30 days after accidents and that he wished
- to continue doing so in the future. Went For It, Inc.
- represented that it wished to contact accident victims or
- their survivors within 30 days of accidents and to refer
- potential clients to participating Florida lawyers. In
- October 1992, McHenry was disbarred for reasons
- unrelated to this suit, The Florida Bar v. McHenry, 605
- So. 2d 459 (Fla. 1992). Another Florida lawyer, John T.
- Blakely, was substituted in his stead.
- The District Court referred the parties' competing
- summary judgment motions to a Magistrate Judge, who
- concluded that the Florida Bar had substantial govern-
- ment interests, predicated on a concern for professional-
- ism, both in protecting the personal privacy and tran-
- quility of recent accident victims and their relatives and
- in ensuring that these individuals do not fall prey to
- undue influence or overreaching. Citing the Florida
- Bar's extensive study, the Magistrate Judge found that
- the rules directly serve those interests and sweep no
- further than reasonably necessary. The Magistrate
- recommended that the District Court grant the Florida
- Bar's motion for summary judgment on the ground that
- the rules pass constitutional muster.
- The District Court rejected the Magistrate Judge's
- report and recommendations and entered summary
- judgment for the plaintiffs, 808 F. Supp. 1543 (MD Fla.
- 1992), relying on Bates v. State Bar of Arizona, 433
- U. S. 350 (1977), and subsequent cases. The Eleventh
- Circuit affirmed on similar grounds, 21 F. 3d 1038
- (1994). The panel noted, in its conclusion, that it was
- -disturbed that Bates and its progeny require the
- decision- that it reached, 21 F. 3d, at 1045. We granted
- certiorari, 512 U. S. ___ (1994), and now reverse.
-
- II
-
- A
- Constitutional protection for attorney advertising, and
- for commercial speech generally, is of recent vintage.
- Until the mid-1970s, we adhered to the broad rule laid
- out in Valentine v. Chrestensen, 316 U. S. 52, 54 (1942),
- that, while the First Amendment guards against govern-
- ment restriction of speech in most contexts, -the Consti-
- tution imposes no such restraint on government as
- respects purely commercial advertising.- In 1976, the
- Court changed course. In Virginia State Bd. of Pharm-
- acy v. Virginia Citizens Consumer Council, Inc., 425 U. S.
- 748, we invalidated a state statute barring pharmacists
- from advertising prescription drug prices. At issue was
- speech that involved the idea that -I will sell you the X
- prescription drug at the Y price.- Id., at 761. Striking
- the ban as unconstitutional, we rejected the argument
- that such speech -is so removed from `any exposition of
- ideas,' and from `truth, science, morality, and arts in
- general, in its diffusion of liberal sentiments on the
- administration of Government,' that it lacks all protec-
- tion.- Id., at 762 (citations omitted).
- In Virginia State Board, the Court limited its holding
- to advertising by pharmacists, noting that -[p]hysicians
- and lawyers . . . do not dispense standardized products;
- they render professional services of almost infinite
- variety and nature, with the consequent enhanced
- possibility for confusion and deception if they were to
- undertake certain kinds of advertising.- Id., at 773,
- n. 25. One year later, however, the Court applied the
- Virginia State Board principles to invalidate a state rule
- prohibiting lawyers from advertising in newspapers and
- other media. In Bates v. State Bar of Arizona, supra,
- the Court struck a ban on price advertising for what it
- deemed -routine- legal services: -the uncontested divorce,
- the simple adoption, the uncontested personal bankrupt-
- cy, the change of name, and the like.- Id., at 372.
- Expressing confidence that legal advertising would only
- be practicable for such simple, standardized services, the
- Court rejected the State's proffered justifications for
- regulation.
- Nearly two decades of cases have built upon the
- foundation laid by Bates. It is now well established that
- lawyer advertising is commercial speech and, as such, is
- accorded a measure of First Amendment protection. See,
- e. g., Shapero v. Kentucky Bar Assn., 486 U. S. 466, 472
- (1988); Zauderer v. Office of Disciplinary Counsel of
- Supreme Court of Ohio, 471 U. S. 626, 637 (1985); In re
- R. M. J., 455 U. S. 191, 199 (1982). Such First Amend-
- ment protection, of course, is not absolute. We have
- always been careful to distinguish commercial speech
- from speech at the First Amendment's core. -`[C]om-
- mercial speech [enjoys] a limited measure of protection,
- commensurate with its subordinate position in the scale
- of First Amendment values,' and is subject to `modes of
- regulation that might be impermissible in the realm of
- noncommercial expression.'- Board of Trustees of State
- University of N. Y. v. Fox, 492 U. S. 469, 477 (1989),
- quoting Ohralik v. Ohio State Bar Assn., 436 U. S. 447,
- 456 (1978). We have observed that -`[t]o require a
- parity of constitutional protection for commercial and
- noncommercial speech alike could invite dilution, simply
- by a leveling process, of the force of the Amendment's
- guarantee with respect to the latter kind of speech.'-
- 492 U. S., at 481, quoting Ohralik, supra, at 456.
- Mindful of these concerns, we engage in -intermediate-
- scrutiny of restrictions on commercial speech, analyzing
- them under the framework set forth in Central Hudson
- Gas & Electric Corp. v. Public Service Comm'n of N. Y.,
- 447 U. S. 557 (1980). Under Central Hudson, the
- government may freely regulate commercial speech that
- concerns unlawful activity or is misleading. Id., at
- 563-564. Commercial speech that falls into neither of
- those categories, like the advertising at issue here, may
- be regulated if the government satisfies a test consisting
- of three related prongs: first, the government must
- assert a substantial interest in support of its regulation;
- second, the government must demonstrate that the
- restriction on commercial speech directly and materially
- advances that interest; and third, the regulation must be
- -`narrowly drawn,'- id., at 564-565.
-
- B
- -Unlike rational basis review, the Central Hudson
- standard does not permit us to supplant the precise
- interests put forward by the State with other supposi-
- tions,- Edenfield v. Fane, 507 U. S. ___, ___ (1993) (slip
- op., at 6). The Florida Bar asserts that it has a
- substantial interest in protecting the privacy and
- tranquility of personal injury victims and their loved
- ones against intrusive, unsolicited contact by lawyers.
- See Brief for Petitioner 8, 25-27; 21 F. 3d, at
- 1043-1044. This interest obviously factors into the
- Bar's paramount (and repeatedly professed) objective of
- curbing activities that -negatively affec[t] the administra-
- tion of justice.- The Florida Bar: Petition to Amend the
- Rules Regulating the Florida Bar-Advertising Issues,
- 571 So. 2d, at 455; see also Brief for Petitioner 7, 14,
- 24; 21 F. 3d, at 1043 (describing Bar's effort -to preserve
- the integrity of the legal profession-). Because direct
- mail solicitations in the wake of accidents are perceived
- by the public as intrusive, the Bar argues, the reputa-
- tion of the legal profession in the eyes of Floridians has
- suffered commensurately. See Pet. for Cert. 14-15; Brief
- for Petitioner 28-29. The regulation, then, is an effort
- to protect the flagging reputations of Florida lawyers by
- preventing them from engaging in conduct that, the Bar
- maintains, -`is universally regarded as deplorable and
- beneath common decency because of its intrusion upon
- the special vulnerability and private grief of victims or
- their families.'- Brief for Petitioner 28, quoting In re
- Anis, 126 N. J. 448, 458, 599 A. 2d 1265, 1270 (1992).
- We have little trouble crediting the Bar's interest as
- substantial. On various occasions we have accepted the
- proposition that -States have a compelling interest in
- the practice of professions within their boundaries, and
- . . . as part of their power to protect the public health,
- safety, and other valid interests they have broad power
- to establish standards for licensing practitioners and
- regulating the practice of professions.- Goldfarb v.
- Virginia State Bar, 421 U. S. 773, 792 (1975); see also
- Ohralik, supra, at 460; Cohen v. Hurley, 366 U. S. 117,
- 124 (1961). Our precedents also leave no room for doubt
- that -the protection of potential clients' privacy is a
- substantial state interest.- See Edenfield, supra, at ___
- (slip op., at 7). In other contexts, we have consistently
- recognized that -[t]he State's interest in protecting the
- well-being, tranquility, and privacy of the home is
- certainly of the highest order in a free and civilized
- society.- Carey v. Brown, 447 U. S. 455, 471 (1980).
- Indeed, we have noted that -a special benefit of the
- privacy all citizens enjoy within their own walls, which
- the State may legislate to protect, is an ability to avoid
- intrusions.- Frisby v. Schultz, 487 U. S. 474, 484-485
- (1988).
- Under Central Hudson's second prong, the State must
- demonstrate that the challenged regulation -advances
- the Government's interest `in a direct and material
- way.'- Rubin v. Coors Brewing Co., 514 U. S. ___, ___
- (1995) (slip op., at 10), quoting Edenfield, supra, at ___.
- That burden, we have explained, -`is not satisfied by
- mere speculation and conjecture; rather, a governmental
- body seeking to sustain a restriction on commercial
- speech must demonstrate that the harms it recites are
- real and that its restriction will in fact alleviate them to
- a material degree.'- 514 U. S., at ___, quoting
- Edenfield, supra, at ___. In Edenfield, the Court
- invalidated a Florida ban on in-person solicitation by
- certified public accountants (CPAs). We observed that
- the State Board of Accountancy had -present[ed] no
- studies that suggest personal solicitation of prospective
- business clients by CPAs creates the dangers of fraud,
- overreaching, or compromised independence that the
- Board claims to fear.- Edenfield, supra, at ___ (slip op.,
- at 9). Moreover, -[t]he record [did] not disclose any
- anecdotal evidence, either from Florida or another State,
- that validate[d] the Board's suppositions.- Ibid. In fact,
- we concluded that the only evidence in the record tended
- to -contradic[t] rather than strengthe[n] the Board's
- submissions.- Id., at ___ (slip op., at 10). Finding
- nothing in the record to substantiate the State's allega-
- tions of harm, we invalidated the regulation.
- The direct-mail solicitation regulation before us does
- not suffer from such infirmities. The Florida Bar
- submitted a 106-page summary of its 2-year study of
- lawyer advertising and solicitation to the District Court.
- That summary contains data-both statistical and
- anecdotal-supporting the Bar's contentions that the
- Florida public views direct-mail solicitations in the
- immediate wake of accidents as an intrusion on privacy
- that reflects poorly upon the profession. As of June
- 1989, lawyers mailed 700,000 direct solicitations in
- Florida annually, 40% of which were aimed at accident
- victims or their survivors. Summary of the Record in
- No. 74, 987 (Fla.) on Petition to Amend the Rules
- Regulating Lawyer Advertising (hereinafter Summary of
- Record), App. H, p. 2. A survey of Florida adults
- commissioned by the Bar indicated that Floridians -have
- negative feelings about those attorneys who use direct
- mail advertising.- Magid Associates, Attitudes &
- Opinions Toward Direct Mail Advertising by Attorneys
- (Dec. 1987), Summary of Record, App. C(4), p. 6. Fifty-
- four percent of the general population surveyed said that
- contacting persons concerning accidents or similar events
- is a violation of privacy. Id., at 7. A random sampling
- of persons who received direct-mail advertising from
- lawyers in 1987 revealed that 45% believed that direct-
- mail solicitation is -designed to take advantage of
- gullible or unstable people-; 34% found such tactics
- -annoying or irritating-; 26% found it -an invasion of
- your privacy-; and 24% reported that it -made you
- angry.- Ibid. Significantly, 27% of direct-mail recipients
- reported that their regard for the legal profession and
- for the judicial process as a whole was -lower- as a
- result of receiving the direct mail. Ibid.
- The anecdotal record mustered by the Bar is notewor-
- thy for its breadth and detail. With titles like -Scaven-
- ger Lawyers- (The Miami Herald, Sept. 29, 1987) and
- -Solicitors Out of Bounds- (St. Petersburg Times, Oct.
- 26, 1987), newspaper editorial pages in Florida have
- burgeoned with criticism of Florida lawyers who send
- targeted direct mail to victims shortly after accidents.
- See Summary of Record, App. B, pp. 1-8 (excerpts from
- articles); see also Peltz, Legal Advertising-Opening
- Pandora's Box, 19 Stetson L. Rev. 43, 116 (1989) (listing
- Florida editorials critical of direct-mail solicitation of
- accident victims in 1987, several of which are referenced
- in the record). The study summary also includes page
- upon page of excerpts from complaints of direct-mail
- recipients. For example, a Florida citizen described how
- he was -`appalled and angered by the brazen attempt'-
- of a law firm to solicit him by letter shortly after he
- was injured and his fiancee was killed in an auto
- accident. Summary of Record, App. I(1), p. 2. Another
- found it -`despicable and inexcusable'- that a Pensacola
- lawyer wrote to his mother three days after his father's
- funeral. Ibid. Another described how she was -`as-
- tounded'- and then -`very angry'- when she received a
- solicitation following a minor accident. Id., at 3. Still
- another described as -`beyond comprehension'- a letter
- his nephew's family received the day of the nephew's
- funeral. Ibid. One citizen wrote, -`I consider the
- unsolicited contact from you after my child's accident to
- be of the rankest form of ambulance chasing and in
- incredibly poor taste. . . . I cannot begin to express
- with my limited vocabulary the utter contempt in which
- I hold you and your kind.'- Ibid.
- In light of this showing-which respondents at no time
- refuted, save by the conclusory assertion that the rule
- lacked -any factual basis,- Plaintiffs' Motion for Sum-
- mary Judgment and Supplementary Memorandum of
- Law in No. 92-370-Civ. (MD Fla.), p. 5--we conclude that
- the Bar has satisfied the second prong of the Central
- Hudson test. In dissent, Justice Kennedy complains
- that we have before us few indications of the sample
- size or selection procedures employed by Magid Associ-
- ates (a nationally renowned consulting firm) and no
- copies of the actual surveys employed. See post, at 6.
- As stated, we believe the evidence adduced by the Bar
- is sufficient to meet the standard elaborated in
- Edenfield, supra. In any event, we do not read our case
- law to require that empirical data come to us accompa-
- nied by a surfeit of background information. Indeed, in
- other First Amendment contexts, we have permitted
- litigants to justify speech restrictions by reference to
- studies and anecdotes pertaining to different locales
- altogether, see City of Renton v. Playtime Theatres, Inc.,
- 475 U. S. 41, 50-51 (1986); Barnes v. Glen Theatre, Inc.,
- 501 U. S. 560, 584-585 (1991) (Souter, J., concurring in
- the judgment), or even, in a case applying strict scru-
- tiny, to justify restrictions based solely on history, consen-
- sus, and -simple common sense,- Burson v. Freeman, 504
- U. S. 191, 211 (1992). Nothing in Edenfield, supra, a
- case in which the State offered no evidence or anecdotes
- in support of its restriction, requires more. After
- scouring the record, we are satisfied that the ban on
- direct-mail solicitation in the immediate aftermath of
- accidents, unlike the rule at issue in Edenfield, targets
- a concrete, nonspeculative harm.
- In reaching a contrary conclusion, the Court of
- Appeals determined that this case was governed squarely
- by Shapero v. Kentucky Bar Assn., 486 U. S. 466
- (1988). Making no mention of the Bar's study, the court
- concluded that -`a targeted letter [does not] invade the
- recipient's privacy any more than does a substantively
- identical letter mailed at large. The invasion, if any,
- occurs when the lawyer discovers the recipient's legal
- affairs, not when he confronts the recipient with the
- discovery.'- 21 F. 3d, at 1044, quoting Shapero, supra,
- at 476. In many cases, the Court of Appeals explained,
- -this invasion of privacy will involve no more than
- reading the newspaper.- 21 F. 3d, at 1044.
- While some of Shapero's language might be read to
- support the Court of Appeals' interpretation, Shapero
- differs in several fundamental respects from the case
- before us. First and foremost, Shapero's treatment of
- privacy was casual. Contrary to the dissent's sugges-
- tions, post, at 3, the State in Shapero did not seek to
- justify its regulation as a measure undertaken to
- prevent lawyers' invasions of privacy interests. See
- generally Brief for Respondent in Shapero v. Kentucky
- Bar Assn., O. T. 1987, No. 87-16. Rather, the State
- focused exclusively on the special dangers of overreach-
- ing inhering in targeted solicitations. Ibid. Second, in
- contrast to this case, Shapero dealt with a broad ban on
- all direct-mail solicitations, whatever the time frame and
- whoever the recipient. Finally, the State in Shapero
- assembled no evidence attempting to demonstrate any
- actual harm caused by targeted direct mail. The Court
- rejected the State's effort to justify a prophylactic ban on
- the basis of blanket, untested assertions of undue
- influence and overreaching. 486 U. S., at 475. Because
- the State did not make a privacy-based argument at all,
- its empirical showing on that issue was similarly infirm.
- We find the Court's perfunctory treatment of privacy
- in Shapero to be of little utility in assessing this ban on
- targeted solicitation of victims in the immediate after-
- math of accidents. While it is undoubtedly true that
- many people find the image of lawyers sifting through
- accident and police reports in pursuit of prospective
- clients unpalatable and invasive, this case targets a
- different kind of intrusion. The Florida Bar has argued,
- and the record reflects, that a principal purpose of the
- ban is -protecting the personal privacy and tranquility
- of [Florida's] citizens from crass commercial intrusion by
- attorneys upon their personal grief in times of trauma.-
- Brief for Petitioner 8; cf. Summary of Record, App. I(1)
- (citizen commentary describing outrage at lawyers'
- timing in sending solicitation letters). The intrusion
- targeted by the Bar's regulation stems not from the fact
- that a lawyer has learned about an accident or disaster
- (as the Court of Appeals notes, in many instances a
- lawyer need only read the newspaper to glean this
- information), but from the lawyer's confrontation of
- victims or relatives with such information, while wounds
- are still open, in order to solicit their business. In this
- respect, an untargeted letter mailed to society at large
- is different in kind from a targeted solicitation; the
- untargeted letter involves no willful or knowing affront
- to or invasion of the tranquility of bereaved or injured
- individuals and simply does not cause the same kind of
- reputational harm to the profession unearthed by the
- Florida Bar's study.
- Nor do we find Bolger v. Youngs Drug Products Corp.,
- 463 U. S. 60 (1983), dispositive of the issue, despite any
- superficial resemblance. In Bolger, we rejected the
- Federal Government's paternalistic effort to ban poten-
- tially -offensive- and -intrusive- direct-mail advertise-
- ments for contraceptives. Minimizing the Government's
- allegations of harm, we reasoned that -[r]ecipients of
- objectionable mailings . . . may `effectively avoid further
- bombardment of their sensibilities simply by averting
- their eyes.'- Id., at 72, quoting Cohen v. California, 403
- U. S. 15, 21 (1971). We found that the -`short, though
- regular, journey from mail box to trash can . . . is an
- acceptable burden, at least so far as the Constitution is
- concerned.'- 463 U. S., at 72 (ellipses in original),
- quoting Lamont v. Commissioner of Motor Vehicles, 269
- F. Supp. 880, 883 (SDNY), summarily aff'd, 386 F. 2d
- 449 (CA2 1967). Concluding that citizens have at their
- disposal ample means of averting any substantial injury
- inhering in the delivery of objectionable contraceptive
- material, we deemed the State's intercession unnecessary
- and unduly restrictive.
- Here, in contrast, the harm targeted by the Florida
- Bar cannot be eliminated by a brief journey to the trash
- can. The purpose of the 30-day targeted direct-mail ban
- is to forestall the outrage and irritation with the state-
- licensed legal profession that the practice of direct
- solicitation only days after accidents has engendered.
- The Bar is concerned not with citizens' -offense- in the
- abstract, see post, at 4-5, but with the demonstrable
- detrimental effects that such -offense- has on the
- profession it regulates. See Brief for Petitioner 7, 14,
- 24, 28. Moreover, the harm posited by the Bar is as
- much a function of simple receipt of targeted solicita-
- tions within days of accidents as it is a function of the
- letters' contents. Throwing the letter away shortly after
- opening it may minimize the latter intrusion, but it does
- little to combat the former. We see no basis in Bolger,
- nor in the other, similar cases cited by the dissent, post,
- at 4-5, for dismissing the Florida Bar's assertions of
- harm, particularly given the unrefuted empirical and
- anecdotal basis for the Bar's conclusions.
- Passing to Central Hudson's third prong, we examine
- the relationship between the Florida Bar's interests and
- the means chosen to serve them. See Board of Trustees
- of State University of N. Y. v. Fox, 492 U. S., at 480.
- With respect to this prong, the differences between
- commercial speech and noncommercial speech are
- manifest. In Fox, we made clear that the -least restric-
- tive means- test has no role in the commercial speech
- context. Ibid. -What our decisions require,- instead, -is
- a `fit' between the legislature's ends and the means
- chosen to accomplish those ends,' a fit that is not
- necessarily perfect, but reasonable; that represents not
- necessarily the single best disposition but one whose
- scope is `in proportion to the interest served,' that
- employs not necessarily the least restrictive means but
- . . . a means narrowly tailored to achieve the desired
- objective.- Ibid. (citations omitted). Of course, we do
- not equate this test with the less rigorous obstacles of
- rational basis review; in Cincinnati v. Discovery Net-
- work, Inc., 507 U. S. ___, ___, n. 13 (1993) (slip op., at
- 7, n. 13), for example, we observed that the existence of
- -numerous and obvious less-burdensome alternatives to
- the restriction on commercial speech . . . is certainly a
- relevant consideration in determining whether the `fit'
- between ends and means is reasonable.-
- Respondents levy a great deal of criticism, echoed in
- the dissent, post, at 8-10, at the scope of the Bar's
- restriction on targeted mail. -[B]y prohibiting written
- communications to all people, whatever their state of
- mind,- respondents charge, the rule -keeps useful
- information from those accident victims who are ready,
- willing and able to utilize a lawyer's advice.- Brief for
- Respondents 14. This criticism may be parsed into two
- components. First, the rule does not distinguish
- between victims in terms of the severity of their inju-
- ries. According to respondents, the rule is unconsti-
- tutionally overinclusive insofar as it bans targeted
- mailings even to citizens whose injuries or grief are
- relatively minor. Id., at 15. Second, the rule may
- prevent citizens from learning about their legal options,
- particularly at a time when other actors-opposing
- counsel and insurance adjusters-may be clamoring for
- victims' attentions. Any benefit arising from the Bar's
- regulation, respondents implicitly contend, is outweighed
- by these costs.
- We are not persuaded by respondents' allegations of
- constitutional infirmity. We find little deficiency in the
- ban's failure to distinguish among injured Floridians by
- the severity of their pain or the intensity of their grief.
- Indeed, it is hard to imagine the contours of a regula-
- tion that might satisfy respondents on this score.
- Rather than drawing difficult lines on the basis that
- some injuries are -severe- and some situations appropri-
- ate (and others, presumably, inappropriate) for grief,
- anger, or emotion, the Florida Bar has crafted a ban
- applicable to all postaccident or disaster solicitations for
- a brief 30-day period. Unlike respondents, we do not
- see -numerous and obvious less-burdensome alternatives-
- to Florida's short temporal ban. Cincinnati, supra, at
- ___, n. 13 (slip op., at 7, n. 13). The Bar's rule is
- reasonably well-tailored to its stated objective of elimi-
- nating targeted mailings whose type and timing are a
- source of distress to Floridians, distress that has caused
- many of them to lose respect for the legal profession.
- Respondents' second point would have force if the
- Bar's rule were not limited to a brief period and if there
- were not many other ways for injured Floridians to
- learn about the availability of legal representation
- during that time. Our lawyer advertising cases have
- afforded lawyers a great deal of leeway to devise
- innovative ways to attract new business. Florida
- permits lawyers to advertise on prime-time television
- and radio as well as in newspapers and other media.
- They may rent space on billboards. They may send
- untargeted letters to the general population, or to
- discrete segments thereof. There are, of course, pages
- upon pages devoted to lawyers in the Yellow Pages of
- Florida telephone directories. These listings are orga-
- nized alphabetically and by area of specialty. See
- generally Rule 4-7.2(a), Rules Regulating The Florida
- Bar (-[A] lawyer may advertise services through public
- media, such as a telephone directory, legal directory,
- newspaper or other periodical, billboards and other
- signs, radio, television, and recorded messages the public
- may access by dialing a telephone number, or through
- written communication not involving solicitation as
- defined in rule 4-7.4-); The Florida Bar: Petition to
- Amend the Rules Regulating The Florida Bar-Advertis-
- ing Issues, 571 So. 2d, at 461. These ample alternative
- channels for receipt of information about the availability
- of legal representation during the 30-day period follow-
- ing accidents may explain why, despite the ample
- evidence, testimony, and commentary submitted by those
- favoring (as well as opposing) unrestricted direct-mail
- solicitation, respondents have not pointed to-and we
- have not independently found-a single example of an
- individual case in which immediate solicitation helped to
- avoid, or failure to solicit within 30 days brought about,
- the harms that concern the dissent, see post, at 9. In
- fact, the record contains considerable empirical survey
- information suggesting that Floridians have little
- difficulty finding lawyers when they need one. See,
- e. g., Summary of Record, App. C(4), p. 7; id., App. C(5),
- p. 8. Finding no basis to question the commonsense
- conclusion that the many alternative channels for
- communicating necessary information about attorneys
- are sufficient, we see no defect in Florida's regulation.
-
- III
- Speech by professionals obviously has many dimen-
- sions. There are circumstances in which we will accord
- speech by attorneys on public issues and matters of legal
- representation the strongest protection our Constitution
- has to offer. See, e. g., Gentile v. State Bar of Nevada,
- 501 U. S. 1030 (1991); In re Primus, 436 U. S. 412
- (1978). This case, however, concerns pure commercial
- advertising, for which we have always reserved a lesser
- degree of protection under the First Amendment.
- Particularly because the standards and conduct of state-
- licensed lawyers have traditionally been subject to
- extensive regulation by the States, it is all the more
- appropriate that we limit our scrutiny of state regula-
- tions to a level commensurate with the -`subordinate
- position'- of commercial speech in the scale of First
- Amendment values. Fox, 492 U. S., at 477, quoting
- Ohralik, 436 U. S., at 456.
- We believe that the Florida Bar's 30-day restriction on
- targeted direct-mail solicitation of accident victims and
- their relatives withstands scrutiny under the three-part
- Central Hudson test that we have devised for this
- context. The Bar has substantial interest both in
- protecting injured Floridians from invasive conduct by
- lawyers and in preventing the erosion of confidence in
- the profession that such repeated invasions have
- engendered. The Bar's proffered study, unrebutted by
- respondents below, provides evidence indicating that the
- harms it targets are far from illusory. The palliative
- devised by the Bar to address these harms is narrow
- both in scope and in duration. The Constitution, in our
- view, requires nothing more.
- The judgment of the Court of Appeals, accordingly, is
- reversed.
-