5th Circ. Agrees Texas Dental Regulation Unconstitutional

Law360, New York (June 20, 2017, 3:48 PM EDT) -- A Fifth Circuit panel on Monday affirmed a lower court’s decision that it is unconstitutional to prevent dentists from advertising as specialists in areas not recognized as specialties by the American Dental Association, saying the advertising is protected by the First Amendment and the Texas State Board of Dental Examiners didn’t adequately prove a need for the restriction.

In a published opinion, the majority upheld the district court’s determination that the restriction against advertising as specialists violated the First Amendment right to free commercial speech for individual dentists and dental associations including the American Academy of Implant Dentistry and the American...

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Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Appellate - 5th Circuit

Nature of Suit

3440 Other Civil Rights

Date Filed

February 22, 2016