Florida Bar v. Went For It, Inc. 515 U.S. 618 (1995)

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FLORIDA BAR v. WENT FOR IT, INC. 515 U.S. 618 (1995)

The Supreme Court upheld, 5–4, a Florida Bar rule prohibiting direct-mail solicitation of personal injury or wrongful death clients within thirty days of the event that was the basis for the claim. Justice sandra day o'connor, writing for the majority, found that the regulation served the state's significant interests in protecting injured or grieving people from unwanted invasions of their privacy, and in avoiding harm to the reputation of the legal profession. She relied on a Florida Bar survey that purported to show that the public was deeply offended by the solicitations in issue. Justice anthony m. kennedy, writing in dissent, challenged the merits of the survey, and the degree to which the rule actually served the state interests that justified it.

James M. O'F allon

(see also: Attorney Speech; Commercial Speech.)