In an era when toddler birthday parties are inspired by commercials for personal injury lawyers, it can be easy to forget that just a few decades ago, attorneys were prohibited from advertising their services. In 1977, however, the U.S. Supreme Court struck down those blanket bans, holding that “truthful advertisement concerning the availability and terms of routine legal services” is protected commercial speech under the First Amendment. Bates v. State Bar of Arizona, 433 U.S. 350, 384 (1977). Cf. Zauderer v. Office of Disciplinary Counsel of Supreme Court, 471 U.S. 626 (1985) (“The States and Federal Government are free to prevent the dissemination of commercial speech that is false, deceptive, or misleading * * * or that proposes an illegal transaction * * * .”). In reaching that conclusion, the Court held that attorney advertising is not “inherently misleading,” and noted that it was “peculiar to deny the consumer, on the ground…
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