Attorneys Win Fight Against Drug, Device Ad Limits (Correct)

May 10, 2021, 1:32 PM UTCUpdated: May 10, 2021, 5:49 PM UTC

West Virginia is prohibited from enforcing a law restricting advertising by lawyers seeking clients who have been harmed by drugs or medical devices, because the provision violates the First Amendment, a federal district court said.

Lawyer advertising is protected speech, and the law’s content- and speaker-based restrictions burden that speech in a way that doesn’t further the state’s compelling interests, the U.S. District Court for the Northern District of West Virginia said.

The court granted summary judgment for the lawyers who challenged the law and permanently blocked the state’s attorney general from enforcing it.

The law regulates television, radio, newspaper, ...

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