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

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.