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McHENRY v. THE FLORIDA BAR

No. 93-2069.

21 F.3d 1038 (1994)

G. Stewart McHENRY, Went For It, Inc., a Florida Corporation, John T. Blakely, Plaintiffs-Appellees, v. THE FLORIDA BAR, Susan V. Bloemendaal, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

May 10, 1994.

Attorney(s) appearing for the Case

Barry Richard, Tallahassee, FL, for appellants.

Paul D. Kamenar, Washington, DC, for amicus curiae, Washington Legal Foundation/Allied Educational.

Bruce S. Rogow, Beverly A. Pohl, Ft. Lauderdale, FL, for appellees.

Before BLACK, Circuit Judge, DYER, Senior Circuit Judge, and ALAIMO, Senior District Judge.

BLACK, Circuit Judge:

The question in this appeal is whether The Florida Bar's thirty-day ban on direct mail lawyer advertising soliciting personal injury and wrongful death clients violates commercial speech protections afforded attorney advertising under the First Amendment. The district court ruled that it does. We affirm.

I.

Subject to approval by the Florida Supreme Court, The Florida Bar (Bar) promulgates rules that regulate the manner in which...

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