Physician advertising: the first amendment and the Sherman Act.
نویسندگان
چکیده
In Bates v. State Bar of Arizona,' the Supreme Court held that a state's prohibition of advertising by attorneys was unconstitutional as applied to a newspaper advertisement setting forth fees for certain routine legal services. Bates is necessarily the foundation upon which one must base any judgment regarding the legality of restraints upon physicians' advertising. Restraints on advertising potentially violate two distinct legal commands-the first amendment and the Sherman Act 2 -both of which were considered by the Bates Court. The plaintiff in Bates ultimately prevailed on the basis of the first amendment. The Sherman Act claim was rejected on the ground that since the Sherman Act was not intended to reach the direct action of a state,3 the Arizona Supreme Court's actions in adopting and enforcing the advertising ban4 were not within the scope of the Act. This Article will first examine the Bates decision and then analyze the first amendment and Sherman Act implications for restraints on advertising by physicians.
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عنوان ژورنال:
- Duke law journal
دوره 2 شماره
صفحات -
تاریخ انتشار 1978