AMERICAN ACADEMY OF IMPLANT DENTISTRY v. PARKER

No. 16-50157.

860 F.3d 300 (2017)

AMERICAN ACADEMY OF IMPLANT DENTISTRY; American Society of Dentist Anesthesiologists; American Academy of Oral Medicine; American Academy of Orofacial Pain; Jay E. Elliott, D. D. S.; Monty Buck, D. D. S.; Jarom C. Heaton, D. D. S.; Michael A. Huber, D. D. S.; Edward F. Wright, D. D. S., M. S., Plaintiffs-Appellees v. Kelly PARKER, in her official capacity as Executive Director of the Texas State Board of Dental Examiners, Tamela L. Gough, D. D. S., M. S., in her official capacity as a Member of the Texas Board of Dental Examiners; Steve Austin, D. D. S., in his official capacity as a Member of the Texas Board of Dental Examiners; Tim O'Hare, in his official capacity as a Member of the Texas Board of Dental Examiners; Kirby Bunel, Jr., D. D. S., in his official capacity as a Member of the Texas Board of Dental Examiners; William R. Birdwell, D. D. S., in his official capacity as a Member of the Texas Board of Dental Examiners; Emily A. Christy, in her official capacity as a Member of the Texas Board of Dental Examiners; James W. Chancellor, D. D. S., in his official capacity as a Member of the Texas Board of Dental Examiners; Rodolfo G. Ramos, Jr., D. D. S., in his official capacity as a Member of the Texas Board of Dental Examiners; Lewis White, in his official capacity as a Member of the Texas Board of Dental Examiners; Whitney Hyde, in her official capacity as a Member of the Texas Board of Dental Examiners; Renee Cornett, R. D. H., in her official capacity as a Member of the Texas Board of Dental Examiners; D. Bradley Dean, D. D. S., in his official capacity as a Member of the Texas Board of Dental Examiners; Christie Leedy, D. D. S., in her official capacity as a Member of the Texas Board of Dental Examiners; Lois Palermo, R. D. H., in his official capacity as a Member of the Texas Board of Dental Examiners; Evangelia Mote, in her official capacity as a Member of the Texas Board of Dental Examiners, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED June 19, 2017.


Attorney(s) appearing for the Case

Renea Hicks , Law Office of Renea Hicks, Austin, TX, Frank R. Recker , Frank R. Recker & Associates, Co., L.P.A., Cincinnati, OH, for Plaintiffs-Appellees.

Bill L. Davis , Assistant Attorney General, Office of the Attorney General, Office of the Solicitor General, Austin, TX, for Defendants-Appellants.

Amy Lynne Rudd , Senior Litigating Attorney, Dechert, L.L.P., Austin, TX, for Texas Academy of Pediatric Dentistry, Texas Association of Orthodontists, Texas Society of Oral & Maxillofacial Surgeons.

Before ELROD, SOUTHWICK, and GRAVES, Circuit Judges.


The plaintiffs challenge a provision in the Texas Administrative Code regulating advertising in the field of dentistry. The district court held that the provision violated the plaintiffs' First Amendment right to engage in commercial speech. It therefore enjoined enforcement of the provision as applied to the...

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