FLORIDA BAR v. WENT FOR IT INC.

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Case Basics
Docket No. 
94-226
Petitioner 
Florida Bar
Respondent 
Went For It Inc.
Advocates
(Argued the cause for the petitioner)
(Argued the cause for the respondents)
Tags
Term:
Facts of the Case 

Went For It, Inc., (a lawyer referral service) and John T. Blakely (a Florida attorney) were sending targeted direct-mail solicitations to victims and their relatives who had been injured in an accident. According to Florida Bar rules, such direct and targeted mailings are prohibited for thirty days following an accident or disaster.

Question 

Do the Florida Bar rules prohibiting direct mail solicitation of accident victims violate the free speech of personal injury attorneys?

Conclusion 
Decision: 5 votes for Florida Bar, 4 vote(s) against
Legal provision: Amendment 1: Speech, Press, and Assembly

No. Lawyer advertising is commercial speech and as such, is accorded only a limited measure of First Amendment protection. Under this "intermediate scrutiny," restriction on commercial speech 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.

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FLORIDA BAR v. WENT FOR IT INC.. The Oyez Project at IIT Chicago-Kent College of Law. 12 September 2014. <http://www.oyez.org/cases/1990-1999/1994/1994_94_226/>.
FLORIDA BAR v. WENT FOR IT INC., The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1990-1999/1994/1994_94_226/ (last visited September 12, 2014).
"FLORIDA BAR v. WENT FOR IT INC.," The Oyez Project at IIT Chicago-Kent College of Law, accessed September 12, 2014, http://www.oyez.org/cases/1990-1999/1994/1994_94_226/.