American Academy of Implant Dentistry v. Parker, No. 16-50157 (5th Cir. 2017)Annotate this Case
Plaintiffs filed suit challenging a provision in the Texas Administrative Code regulating advertising in the field of dentistry, Tex. Admin. Code 108.54. Section 108.54 prohibits dentists from advertising as specialists in areas that the ADA does not recognize as specialties. The district court enjoined defendants from enforcing section 108.54 and granted summary judgment for defendants on plaintiffs' remaining Fourteenth Amendment claims. The Fifth Circuit held that plaintiffs' proposed speech was not inherently misleading; even if it were, the Board may regulate potentially misleading speech if the regulation satisfied the remaining elements of the Central Hudson test; the Board had a substantial interest in ensuring the accuracy of commercial information in the marketplace, establishing uniform standards for certification, and protecting consumers from misleading professional advertisements; but the Board failed to meet its burden to show that section 108.54 advances the asserted interests in a direct and material way. Even if the Board demonstrated that section 108.54 directly advanced the interests asserted, it failed to demonstrate that it was not more extensive than was necessary to serve those interests. Accordingly, the court affirmed the judgment.