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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- FLORIDA BAR v. WENT FOR IT, INC., et al.
- certiorari to the united states court of appeals for
- the eleventh circuit
- No. 94-226. Argued January 11, 1995-Decided June 21, 1995
-
- 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,
- 433 U. S. 350, and subsequent cases. The Eleventh Circuit affirmed
- on similar grounds.
- Held: In the circumstances presented here, the Florida Bar rules do
- not violate the First and Fourteenth Amendments. Pp. 3-16.
- (a) Bates and its progeny establish that lawyer advertising is
- commercial speech and, as such, is accorded only a limited measure
- of First Amendment protection. Under the ``intermediate'' scrutiny
- framework set forth in Central Hudson Gas & Electric Corp. v.
- Public Service Comm'n of N. Y., 447 U. S. 557, a restriction on
- commercial speech that, like the advertising at issue, does not
- concern unlawful activity and is not misleading is permissible if the
- government: (1) asserts a substantial interest in support of its
- regulation; (2) establishes that the restriction directly and materially
- advances that interest; and (3) demonstrates that the regulation is
- ```narrowly drawn,''' id., at 564-565. Pp. 3-5.
- (b) The Florida Bar's 30-day ban on targeted direct-mail solicita-
- tion withstands Central Hudson scrutiny. First, the Bar has sub-
- stantial interest both in protecting the privacy and tranquility of
- personal injury victims and their loved ones against invasive,
- unsolicited contact by lawyers and in preventing the erosion of
- confidence in the profession that such repeated invasions have
- engendered. Second, the fact that the harms targeted by the ban
- are quite real is demonstrated by a Bar study, effectively unrebutted
- by respondents below, that contains extensive statistical and anec-
- dotal data suggesting 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. Edenfield v. Fane,
- 507 U. S. ___, ___-___; Shapero v. Kentucky Bar Assn., 486 U. S.
- 466, 475-476; and Bolger v. Youngs Drug Products Corp., 463 U. S.
- 60, 72, distinguished. Third, the ban's scope is reasonably well
- tailored to its stated objectives. Moreover, its duration is limited to
- a brief 30-day period, and there are many other ways for injured
- Floridians to learn about the availability of legal representation
- during that time. Pp. 5-16.
- 21 F. 3d 1038, reversed.
- O'Connor, J., delivered the opinion of the Court, in which Rehn-
- quist, C. J., and Scalia, Thomas, and Breyer, JJ., joined. Kennedy,
- J., filed a dissenting opinion, in which Stevens, Souter, and Gins-
- burg, JJ., joined.
-