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Florida's Over-Regulation of Attorney Speech

By Joshua King

Editor's Note: In the summer of 2009, a group of Florida consumers, outraged over rampant false and deceptive online advertising by attorneys, filed suit to bring an end to these abuses. Responding quickly, the Florida Supreme Court imposed tough new rules on attorneys to curb these misleading forms of advertising ' or at least that's how it would have played out in any sane industry responding to proven consumer deception. Except that in Florida there wasn't any finding of consumer deception. There weren't even any consumer complaints. There wasn't any “problem” to be solved. But the Florida Supreme Court solved it anyway, enacting new rules governing attorney Web sites that are marked by two notable features: A staggering level of clumsiness and an utter disregard for the First Amendment.

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