Limits on Attorney Advertising in Drug, Device Cases Halted

West Virginia may not enforce a law restricting advertising by lawyers seeking clients who allegedly have been injured by drugs or medical devices, a federal court in the state said.

Attorney advertising is First Amendment-protected speech, the restrictions are content-based, and the state hasn’t demonstrated that this is the least restrictive way to regulate the advertising, the U.S. District Court for the Northern District of West Virginia said June 26.

The law thus appears to violate the First Amendment, the court said. It granted the lawyers’ motion for a preliminary injunction, blocking the state from enforcing the law during the ...