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AMERICAN ACADEMY OF PAIN MANAGEMENT v. JOSEPH

No. 01-15764.

353 F.3d 1099 (2004)

AMERICAN ACADEMY OF PAIN MANAGEMENT, a California non-profit corporation; Arnold Fox, M.D.; B. Elliot Cole, M.D., Plaintiffs-Appellants, v. Ronald JOSEPH, in his official capacity as the Executive Director of the Medical Board of California, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 2, 2004.

Attorney(s) appearing for the Case

James J. Milam, Modesto, CA, for the plaintiffs-appellants.

Mara Faust, Deputy Attorney General, Sacramento, CA, for the defendant-appellee.

Before: JOSEPH T. SNEED, PROCTER HUG, Jr. and MARSHA S. BERZON, Circuit Judges.

Argued and Submitted May 14, 2002 — San Francisco, California.

OPINION

HUG, Circuit Judge:

This appeal concerns the constitutionality of a California statute that limits a physician from advertising that he or she is "board certified" in a medical speciality unless the certifying board or association meets certain requirements. The American Academy of Pain Management ("the Academy") and two of its member doctors, Dr. Arnold Fox, and Dr. B...

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