What's the Difference?
On April 9, 2019, Governor Bill Lee signed into law Senate Bill 352 which was to become effective July 1, 2019. Said law is designed to restrict lawyer advertising relative to “unfair and deceptive” acts. Sections 47-18-5601 through 47-18-5606 specifically prohibits under threats of civil and criminal felony penalties in Tennessee for the solicitation of clients that “allege an injury from a prescription or medical device approved, cleared, or the subject of drug monograph authorized by the United States Food and Drug Administration unless the legal advertisement also includes the information required in this section.
The statute allegedly sponsored by the United States Chamber of Commerce on a nationwide basis is designed to have a chilling effect on prescription drugs or medical device cases solicited by attorneys. More importantly it provides restrictions on the dissemination of “deceptive legal advertising” allegedly intended by the United States 1977 decision of the United States Supreme Court decision of Bates v. State Bar Arizona.
The Tennessee Legislature has now given its approval to restrictions on lawyer advertising in these two areas.
Query: Should not the Tennessee Legislature and the Tennessee Supreme Court now re-address the aborted 2012 recommendations by the Tennessee Trial Lawyers Association to control the uncontrolled use of “deceptive lawyer advertising” in the Volunteer State? A second question should be addressed as to what restrictions should be placed on lawyer advertising that doesn’t violate the First Amendment of the United States Constitution that protects the citizens of Tennessee from “deceptive legal advertising” within their “right to know” privilege.
A copy of the link to the full bill is below.
https://legiscan.com/TN/text/SB0352/id/1998216/Tennessee-2019-SB0352-Chaptered.pdf
I encourage you to buy local products and hire local, reputable attorneys!
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