bates state bar arizona argued january decided june appellants licensed attorneys members arizona state bar charged complaint filed state bar president violating state disciplinary rule prohibits attorneys advertising newspapers media complaint based upon newspaper advertisement placed appellants legal clinic stating offering legal services reasonable fees listing fees certain services namely uncontested divorces uncontested adoptions simple personal bankruptcies changes name arizona upheld conclusion bar committee appellants violated rule rejected appellants claims rule violated sherman act tendency limit competition infringed appellants first amendment rights held restraint upon attorney advertising imposed arizona wielding power state practice law subject attack sherman act parker brown followed goldfarb virginia state bar cantor detroit edison distinguished pp commercial speech serves individual societal interests assuring informed reliable decisionmaking entitled first amendment protection virginia pharmacy board virginia consumer council justifications advanced appellee inadequate support suppression advertising attorneys pp case involve question concerning solicitation advertising quality legal services question whether lawyers may constitutionally advertise prices certain routine services performed pp belief lawyers somehow trade anachronism lawyer advertise fees undermine true professionalism pp advertising legal services inherently misleading routine services lend advertising services fixed rates meaningfully established arizona state bar legal services program demonstrates although client may know detail involved given task identify service level generality advertising lends though advertising provide complete foundation select attorney peculiar deny consumer least relevant information needed informed decision ground information complete pp advertising traditional mechanism economy supplier inform potential purchaser availability terms exchange may well benefit administration justice pp entirely possible advertising serve reduce advance cost legal services consumer may well aid new attorneys entering market pp attorney inclined cut quality regardless rule advertising restraints ineffective deterrent shoddy work pp undue enforcement problems need anticipated least incongruous opponents advertising extol virtues legal profession also asserting advertising lawyers mislead clients first amendment overbreadth doctrine represents departure traditional rule person may challenge statute ground might applied unconstitutionally circumstances inapplicable professional advertising context necessary intended objective cf bigelow virginia appellants must therefore demonstrate specific conduct constitutionally protected pp record appellants advertisement contrary appellee contention misleading falls within scope first amendment protection pp term legal clinic understood refer operation like appellants geared provide standardized multiple services pp advertisement claim appellants offer services reasonable prices misleading appellants advertised fee uncontested divorce specifically cited appellee line customary charges area appellants failure disclose name change might accomplished client without attorney aid misleading since difficulty performing task revealed since legal services may performed legally citizen see faretta california blackmun delivered opinion brennan white marshall stevens joined parts ii burger stewart powell rehnquist joined burger filed opinion concurring part dissenting part post powell filed opinion concurring part dissenting part stewart joined post rehnquist filed opinion dissenting part post william canby argued cause appellants briefs melvin wulf john frank argued cause appellee brief orme lewis deputy solicitor general friedman argued cause amicus curiae urging reversal brief solicitor general bork assistant attorney general baker barry grossman briefs amici curiae urging reversal filed john schmidt chicago council lawyers peter schuck alan morrison consumers union et al philip goar mountain plains congress senior organizations et al briefs amici curiae urging affirmance filed justin stanley blair white american bar assn peter sfikas american dental assn ellis lyons bennett boskey edward groobert american optometric assn james rankin donald scott american veterinary medical assn alfred scanlan george liebmann maryland state bar et al andrew miller attorney general virginia stuart dunn deputy attorney general john miles assistant attorney general virginia state bar roger stokey pro se briefs amici curiae filed american medical assn john relihan martin solomon arizona credit union league edward lascher herbert rosenthal stuart forsyth state bar california rufus edmisten attorney general north carolina andrew vanore senior deputy attorney general norma harrell associate attorney general harry mcgalliard state bar north carolina justice blackmun delivered opinion part regulation arizona bar state imposed enforces disciplinary rule restricts advertising attorneys case presents two issues whether sherman act forbid state regulation whether operation rule violates first amendment made applicable fourteenth appellants john bates van attorneys licensed practice law state arizona members appellee state bar arizona admission bar appellants worked attorneys maricopa county legal aid society app march appellants left society opened law office call legal clinic phoenix aim provide legal services modest fees persons moderate income qualify governmental legal aid order achieve end accept routine matters uncontested divorces uncontested adoptions simple personal bankruptcies changes name costs kept extensive use paralegals automatic typewriting equipment standardized forms office procedures complicated cases contested divorces accepted appellants set prices relatively low return case handled depended substantial volume conducting practice manner two years appellants concluded practice clinical concept survive unless availability legal services low cost advertised particular fees advertised consequently order generate necessary flow business attract clients tr oral arg appellants february placed advertisement reproduced appendix opinion infra arizona republic daily newspaper general circulation phoenix metropolitan area may seen advertisement stated appellants offering legal services reasonable fees listed fees certain services appellants concede advertisement constituted clear violation disciplinary rule incorporated rule arizona rev supp disciplinary rule provides part lawyer shall publicize partner associate lawyer affiliated firm lawyer newspaper magazine advertisements radio television announcements display advertisements city telephone directories means commercial publicity shall authorize permit others behalf appellants permitted rule sought review arizona arguing among things disciplinary rule violated sherman act tendency limit competition rule infringed first amendment rights rejected claims bates plurality may viewed skepticism claim restraint advertising might adverse effect competition even rule might otherwise violate act plurality concluded regulation exempt sherman act attack rule activity state arizona acting sovereign regulation thus held shielded sherman act exemption parker brown turning first amendment issue plurality noted restrictions professional advertising survived constitutional challenge past citing along cases williamson lee optical semler dental examiners although recognizing virginia pharmacy board virginia consumer council bigelow virginia held commercial speech entitled certain protection first amendment plurality focused passages opinions acknowledging special considerations might bear advertising professional services lawyers see virginia pharmacy board virginia consumer council concurring opinion bigelow virginia plurality apparently view older decisions dealing professional advertising survived recent cases unscathed held disciplinary rule passed first amendment muster agreement board governors felt appellants advertising done good faith test constitutionality dr reduced sanction censure particular interest opinion justice holohan dissent view case framed terms right public consumers citizens know activities legal profession rather one involving merely regulation profession observed light felt rule performed substantial disservice public obviously information lawyers charge important private economic decisions need legal services information also helpful perhaps indispensable formation intelligent opinion public well legal system working whether regulated even altered rule issue prevents access information public noted probable jurisdiction ii sherman act course parker brown final word matter two recent cases considered exemption sherman act found inapplicable one reason another goldfarb virginia state bar cantor detroit edison goldfarb cantor however distinguishable reasoning supports conclusion goldfarb held sherman act violated publication schedule county bar association enforcement state bar schedule enforcement mechanism operated create rigid price floor services thus constituted classic example price fixing bar associations argued activity shielded exemption concluded action protected emphasizing need inquire question fairly said state virginia rules required anticompetitive activities either respondent instant case contrast challenged restraint affirmative command arizona rules disciplinary rule ultimate body wielding state power practice law see ariz art bailey thus restraint compelled direction state acting sovereign appellants seek draw solace cantor defendant case electric utility distributed light bulbs residential customers without additional charge including cost utility rates plaintiff retailer sold light bulbs brought suit claiming utility using monopoly power distribution electricity restrain competition sale bulbs held utility immunize sherman act attack embodying challenged practices tariff approved state commission since disciplinary rule issue derived code professional responsibility american bar association appellants argue analogy cantor immunity result bar success code adopted state also assert interest embodied sherman act must prevail state interest regulating bar see particularly case claim advertising ban tailored intrude upon federal interest minimum extent necessary see believe however context cantor arose critical first obviously cantor entirely different case claim directed public official public agency rather private party appellants claims state arizona real party interest adopted rules ultimate trier fact law enforcement process wilson although state bar plays part enforcement rules role completely defined appellee acts agent continuous supervision second emphasized cantor state independent regulatory interest market light bulbs concurring opinions suggestion bulb program justified flaws competitive market response health safety concerns exemption program essential state regulation electric utilities contrast regulation activities bar core state power protect public indeed goldfarb acknowledged interest regulating lawyers especially great since lawyers essential primary governmental function administering justice historically officers courts see cohen hurley specifically controls solicitation advertising attorneys long subject state oversight federal interference state traditional regulation profession entirely unlike intrusion sanctioned cantor finally program cantor instigated utility acquiescence state regulatory commission state incorporation program tariff reflected conclusion utility authorized employ practice desired see situation us entirely different disciplinary rules reflect clear articulation state policy regard professional behavior moreover instant case shows rules subject pointed policymaker arizona enforcement proceedings concern federal policy unnecessarily inappropriately subordinated state policy reduced situation deem significant state policy clearly affirmatively expressed state supervision active conclude arizona determination appellants sherman act claim barred parker brown exemption must affirmed iii first amendment last term virginia pharmacy board virginia consumer council considered validity first amendment virginia statute declaring pharmacist guilty unprofessional conduct advertised prescription drug prices pharmacist subject monetary penalty suspension revocation license statute thus effectively prevented advertising prescription drug price information recognized pharmacist desired advertise wish report particularly newsworthy fact comment cultural philosophical political subject desired communication characterized simply sell prescription drug price nonetheless held commercial speech kind entitled protection first amendment analysis began observation cases long protected speech even though form paid advertisement buckley valeo new york times sullivan form sold profit smith california murdock pennsylvania form solicitation pay contribute money new york times sullivan supra cantwell connecticut commercial speech distinguished must distinguished content consideration competing interests reinforced view speech withdrawn protection merely proposed mundane commercial transaction even though speaker interest largely economic protected speech certain contexts see nlrb gissel packing thornhill alabama listener interest substantial consumer concern free flow commercial speech often may far keener concern urgent political dialogue moreover significant societal interests served speech advertising though entirely commercial may often carry information import significant issues day see bigelow virginia commercial speech serves inform public availability nature prices products services thus performs indispensable role allocation resources free enterprise system see ftc procter gamble harlan concurring short speech serves individual societal interests assuring informed reliable arrayed substantial interests free flow commercial speech number proffered justifications advertising ban central among claims ban essential maintenance professionalism among licensed pharmacists asserted advertising create price competition might cause pharmacist economize customer expense might reduce eliminate truly professional portions services maintenance packaging drugs assure effectiveness supplementation occasion prescribing physician advice use moreover said advertising cause consumers thereby undermining pharmacist effort monitor drug use regular customer ensure prescribed drug provoke allergic reaction incompatible another substance customer consuming finally argued advertising reduce image pharmacist skilled specialized craftsman image said attract talent profession reinforce good habits mere shopkeeper although acknowledging state strong interest maintaining professionalism among pharmacists concluded proffered justifications inadequate support advertising ban high professional standards assured large part close regulation pharmacists virginia subject observed close inspection seen state protectiveness citizens rests large measure advantages kept ignorance noted presence potent alternative highly paternalistic approach alternative assume information harmful people perceive best interests well enough informed best means end open channels communication rather close choice dangers suppressing information dangers arising free flow seen precisely choice first amendment makes us ibid see also linmark associates willingboro set detailed summary pharmacy opinion conclusion arizona disciplinary rule violative first amendment might said flow fortiori like virginia statutes disciplinary rule serves inhibit free flow commercial information keep public ignorance possibility however differences among professions might bring different constitutional considerations play specifically reserved judgment professions instant case confronted arguments directed explicitly toward regulation advertising licensed attorneys issue presently us narrow one first need address peculiar problems associated advertising claims relating quality legal services claims probably susceptible precise measurement verification circumstances might well deceptive misleading public even false appellee suggest perceive appellants advertisement contained claims extravagant otherwise quality services accordingly leave issue another day second also need resolve problems associated solicitation clients hospital room accident site situation breeds undue influence attorneys agents runners activity kind might well pose dangers misrepresentation encountered newspaper announcement advertising hence issue also us third note appellee criticism advertising attorneys apply much force basic factual content advertising information attorney name address telephone number office hours like american bar association provision current code professional responsibility allow disclosure information classified section telephone directory dr recognize however advertising diet limited spartan fare provide scant nourishment heart dispute us today whether lawyers also may constitutionally advertise prices certain routine services performed numerous justifications proffered restriction price advertising consider turn adverse effect professionalism appellee places particular emphasis adverse effects feels price advertising legal profession key professionalism argued sense pride involvement discipline generates claimed price advertising bring commercialization undermine attorney sense dignity hustle marketplace adversely affect profession service orientation irreparably damage delicate balance lawyer need earn obligation selflessly serve advertising also said erode client trust attorney client perceives lawyer motivated profit confidence attorney acting commitment client welfare jeopardized advertising said tarnish dignified public image profession recognize course commend spirit public service profession law practiced dedicated present members licensed attorneys feel otherwise reason pause felt decision today undercut spirit find postulated connection advertising erosion true professionalism severely strained core argument presumes attorneys must conceal clients fact lawyers earn livelihood bar suspect attorneys engage rare client moreover even one modest means enlists aid attorney expectation services rendered free charge see christensen lawyers people moderate means fact american bar association advises attorney reach clear agreement client basis fee charges made done soon feasible lawyer employed code professional responsibility ec commercial basis relationship promptly disclosed ethical grounds client office seems inconsistent condemn candid revelation information arrives office moreover assertion advertising diminish attorney reputation community open question bankers engineers advertise yet professions regarded undignified fact suggested failure lawyers advertise creates public disillusionment profession absence advertising may seen reflect profession failure reach serve community studies reveal many persons obtain counsel even perceive need feared price services inability locate competent attorney indeed cynicism regard profession may created fact long publicly eschewed advertising condoning actions attorney structures social civic associations provide contacts potential clients appears ban advertising originated rule etiquette rule ethics early lawyers great britain viewed law form public service rather means earning living looked trade unseemly see drinker legal ethics eventually attitude toward advertising fostered view evolved aspect ethics profession habit tradition adequate answer constitutional challenge day belittle person earns living strength arm force mind since belief lawyers somehow trade become anachronism historical foundation advertising restraint crumbled inherently misleading nature attorney advertising argued advertising legal services inevitably misleading services individualized regard content quality prevent informed comparison basis advertisement consumer legal services unable determine advance services needs advertising attorneys highlight irrelevant factors fail show relevant factor skill persuaded restrained professional advertising lawyers inevitably misleading although many services performed attorneys indeed unique doubtful attorney advertise fixed prices services type services lend advertising routine ones uncontested divorce simple adoption uncontested personal bankruptcy change name like services advertised appellants although precise service demanded task may vary slightly although legal services fungible facts make advertising misleading long attorney necessary work advertised price argument legal services unique fixed rates meaningfully established refuted record case appellee state bar sponsors legal services program participating attorneys agree perform services like advertised appellants standardized rates app indeed decision goldfarb virginia state bar maricopa county bar association apparently schedule suggested minimum fees standard legal tasks app thus find little force assertion advertising misleading inherent lack standardization legal services second component argument advertising ignores diagnostic role fares little better unlikely many people go attorney merely ascertain clean bill legal health rather attorneys likely employed perform specific tasks although client may know detail involved performing task doubt able identify service desires level generality advertising lends third component without merit advertising provide complete foundation select attorney seems peculiar deny consumer ground information incomplete least relevant information needed reach informed decision alternative prohibition advertising serves restrict information flows consumers moreover argument assumes public sophisticated enough realize limitations advertising public better kept ignorance trusted correct incomplete information suspect argument rests underestimation public event view dubious justification based benefits public ignorance see virginia pharmacy board virginia consumer council although course bar retains power correct omissions effect presenting inaccurate picture preferred remedy disclosure rather less naivete public cause advertising attorneys misleading bar role assure populace sufficiently informed enable place advertising proper perspective adverse effect administration justice advertising said undesirable effect stirring litigation judicial machinery designed serve feel sufficiently aggrieved bring forward claims advertising argued serves encourage assertion legal rights courts thereby undesirably unsettling societal repose even suggestion barratry see comment critical analysis rules solicitation lawyers chi rev advertising attorneys unmitigated source harm administration justice may offer great benefits although advertising might increase use judicial machinery accept notion always better person suffer wrong silently redress legal action bar acknowledges middle population reached served adequately legal profession aba revised handbook prepaid legal services among reasons utilization fear cost inability locate suitable lawyer see supra advertising help solve acknowledged problem advertising traditional mechanism economy supplier inform potential purchaser availability terms exchange disciplinary rule issue likely served burden access legal services particularly unknowledgeable rule allowing restrained advertising accord bar obligation facilitate process intelligent selection lawyers assist making legal services fully available aba code professional responsibility ec undesirable economic effects advertising claimed advertising increase overhead costs profession costs passed along consumers form increased fees moreover claimed additional cost practice create substantial entry barrier deterring preventing young attorneys penetrating market entrenching position bar established members two arguments seem dubious best neither distinguishes lawyers others see virginia pharmacy board virginia consumer council neither appears relevant first amendment ban advertising serves increase difficulty discovering lowest cost seller acceptable ability result extent attorneys isolated competition incentive price competitively reduced although true effect advertising price services demonstrated revealing evidence regard products consumers benefit price advertising retail prices often dramatically lower without advertising entirely possible advertising serve reduce advance cost legal services consumer argument equally unpersuasive absence advertising attorney must rely contacts community generate flow business view time necessary develop contacts ban fact serves perpetuate market position established attorneys consideration problems urge advertising allowed aid new competitor penetrating market adverse effect advertising quality service argued attorney may advertise given package service set price inclined provide indiscriminate use standard package regardless whether fits client needs restraints advertising however ineffective way deterring shoddy work attorney inclined cut quality regardless rule advertising advertisement standardized fee necessarily mean services offered undesirably standardized indeed assertion attorney advertises standard fee cut quality substantially undermined schedule appellee prepaid legal services program even advertising leads creation legal clinics like appellants clinics emphasize standardized procedures routine problems possible clinics improve service reducing likelihood error difficulties enforcement finally argued wholesale restriction justified problems enforcement course taken public lacks sophistication legal matters may particularly susceptible misleading deceptive advertising lawyers action consumer lured advertising may provide realistic restraint inability layman assess whether service received meets professional standards thus vigilance regulatory agency required numerous purveyors services overseeing advertising burdensome least somewhat incongruous opponents advertising extol virtues altruism legal profession one point another assert members seize opportunity mislead distort suspect advertising lawyers behave always abide solemn oaths uphold integrity honor profession legal system every attorney overreaches advertising thousands others candid honest straightforward course latter interest cases misconduct bar assist weeding abuse trust sum persuaded proffered justifications rise level acceptable reason suppression advertising attorneys usual case involving restraint speech showing challenged rule served unconstitutionally suppress speech end analysis first amendment context permitted attacks overly broad statutes without requiring person making attack demonstrate fact specific conduct protected see bigelow virginia gooding wilson dombrowski pfister shown disciplinary rule interferes protected speech appellants ordinarily expect benefit regardless nature acts first amendment overbreadth doctrine however represents departure traditional rule person may challenge statute ground might applied unconstitutionally circumstances see broadrick oklahoma raines ashwander tva brandeis concurring reason special rule first amendment cases apparent overbroad statute might serve chill protected speech first amendment interests fragile interests person contemplates protected activity might discouraged terrorem effect statute see naacp button indeed person might choose speak uncertainty whether claim privilege prevail challenged use overbreadth analysis reflects conclusion possible harm society allowing unprotected speech go unpunished outweighed possibility protected speech muted justification application overbreadth analysis applies weakly ordinary commercial context acknowledged virginia pharmacy board virginia consumer council commonsense differences commercial speech varieties see also concurring opinion since advertising linked commercial seems unlikely speech particularly susceptible crushed broad regulation see moreover concerns uncertainty determining scope protection reduced advertiser seeks disseminate information product service provides presumably determine readily others whether speech truthful protected ibid since overbreadth described strong medicine employed sparingly last resort broadrick oklahoma decline apply professional advertising context necessary intended objective cf bigelow virginia appellants advertisement outside scope basic first amendment protection aside general claims undesirability advertising attorneys matter considered appellee argues appellants advertisement misleading hence unprotected three particulars advertisement makes reference legal clinic allegedly undefined term advertisement claims appellants offer services reasonable prices least regard uncontested divorce advertised price bargain advertisement inform consumer may obtain name change without services attorney tr oral arg record assertions unpersuasive suspect public readily understand term legal clinic indeed focused term refer operation like appellants geared provide standardized multiple services fact deposition president state bar arizona observed committee bar exploring ways legal clinic concept properly developed app see see also testimony appellants clinical concept sister profession medicine surely publicly acknowledged understood cost uncontested divorce appellee counsel stated oral argument runs area tr oral arg appellants advertised fee plus filing fee rate seems reasonable light customary charge appellee legal services program sets rate uncontested divorce app course advertising permit comparison rates among competitors thus revealing rates reasonable final argument failure disclose name change might accomplished client without aid attorney need note legal services may performed legally citizen see faretta california aba code professional responsibility ec record unambiguously reveal relevant facts determining whether nondisclosure misleading complicated procedure whether state provides assistance laymen deposition one appellant however reflects ascertained name change required correction record like frequently send client effect change app conclude demonstrated advertisement issue suppressed iv holding advertising attorneys may subjected blanket suppression advertisement issue protected course hold advertising attorneys may regulated way mention clearly permissible limitations advertising foreclosed holding advertising false deceptive misleading course subject restraint see virginia pharmacy board virginia consumer council since advertiser knows product commercial interest dissemination little worry regulation assure truthfulness discourage protected speech concern strict requirements truthfulness undesirably inhibit spontaneity seems inapplicable commercial speech generally calculated indeed public private benefits commercial speech derive confidence accuracy reliability thus leeway untruthful misleading expression allowed contexts little force commercial arena compare gertz robert welch cantwell connecticut nlrb gissel packing fact public lacks sophistication concerning legal services misstatements might overlooked deemed unimportant advertising may found quite inappropriate legal advertising example advertising claims quality services matter address today susceptible measurement verification accordingly claims may likely misleading warrant restriction similar objections might justify restraints solicitation foreclose possibility limited supplantation way warning disclaimer like might required even advertisement kind ruled upon today assure consumer misled sum recognize many problems defining boundary deceptive nondeceptive advertising remain resolved expect bar special role play assuring advertising attorneys flows freely cleanly varieties speech follows well may reasonable restrictions time place manner advertising see virginia pharmacy board virginia consumer council advertising concerning transactions illegal obviously may suppressed see pittsburgh press human relations special problems advertising electronic broadcast media warrant special consideration cf capital broadcasting mitchell supp dc summarily aff sub nom capital broadcasting acting attorney general constitutional issue case whether state may prevent publication newspaper appellants truthful advertisement concerning availability terms routine legal services rule simply flow information may restrained therefore hold present application disciplinary rule appellants violative first amendment judgment arizona therefore affirmed part reversed part ordered footnotes appellant graduate arizona state university college law bates named faculty law school outstanding student class graduated cum laude app rule arizona rev stat pp reads part order advance administration justice according law arizona hereby perpetuate create continue direction control organization known state bar arizona persons hereafter licensed state engage practice law shall members state bar arizona accordance rules person shall practice law state hold one may practice law state unless active member state bar office benefited increase business appearance advertisement app doubtful however whether increase due solely advertisement advertising prompted several news stories might expected nonetheless advertising increase business see hobbs lawyer advertising good beginning enough lawyer referral service advertised referred times many clients one advertise another city comparable size remainder subdivision exceptions general prohibition however lawyer recommended paid whose legal services furnished qualified legal assistance organization may authorize permit assist organization use means dignified commercial publicity identify lawyer name describe availability nature legal services legal service benefits rule prohibit limited dignified identification lawyer lawyer well name political advertisements professional status germane political campaign political issue public notices name profession lawyer required authorized law reasonably pertinent purpose attraction potential clients routine reports announcements bona fide business civic professional political organization serves director officer legal documents prepared legal textbooks treatises legal publications dignified advertisements thereof communications qualified legal assistance organization along biographical information permitted dr biographical information may listed reputable law list legal directory directed member beneficiary organization plurality opinion represented views two five justices compose arizona ariz art rev stat evident however majority adhered plurality exposition law one opinion although styled dissent stated author agreed plurality opinion respects except reduction punishment one justice specially concurring stated agreed much law many comments expressed majority opinion remaining justice discussed text see gasoline retailers cf oil national society professional engineers app ethical prohibition members society submitting competitive bids engineering services violates sherman act see also head new mexico board resolve first amendment issue cases advertising restrictions upheld face challenges based due process equal protection interference interstate commerce although first amendment issue raised head refused consider neither presented state courts reserved notice appeal appellants also unsuccessfully challenged rule equal protection vagueness grounds asserted disciplinary procedures violated due process contentions made justice rehnquist stayed order censure pending final determination matter note moreover opinion goldfarb concluded observation holding certain anticompetitive conduct lawyers within reach sherman act intend diminution authority state regulate professions allowing instant sherman act challenge disciplinary rule precisely undesired effect rule arizona rev supp provides duties obligations members bar shall prescribed code professional responsibility american bar association effective november amended challenged rule dr identical present version parallel rule also numbered dr aba code professional responsibility amended august justice stevens portion opinion cantor joined brennan white marshall observed parker brown suit public officials whereas cantor claims directed private defendant dissenters cantor applied exemption regardless identity defendants stewart joined powell rehnquist cohen hurley respects overruled spevack klein limitation advertising attorneys arizona seems commenced incorporation reference american bar association canons professional ethics arizona statutory law sess laws indeed decision today sherman act issue presaged virginia pharmacy board virginia consumer council noted virginia free require whatever professional standards wishes pharmacists may subsidize protect competition ways cf parker brown stress considered case regulation commercial advertising pharmacists although express opinion professions distinctions historical functional professions may require consideration quite different factors physicians lawyers example dispense standardized products render professional services almost infinite variety nature consequent enhanced possibility confusion deception undertake certain kinds advertising emphasis original see concurring opinion disciplinary rule referring listing reputable law list legal directory classified section telephone company directory published data may include following name including name law firm names professional associates addresses telephone numbers one fields law lawyer law firm concentrates extent prohibited authority jurisdiction state law subject statement practice limited one fields law extent prohibited authority jurisdiction state law subject limitation practice lawyers statement lawyer law firm specializes particular field law law practice extent permitted authority jurisdiction state law subject specialization lawyers accordance rules prescribed authority date place birth date place admission bar state federal courts schools attended dates graduation degrees scholastic distinctions public quasipublic offices military service posts honor legal authorships legal teaching positions memberships offices committee assignments section memberships bar associations memberships offices legal fraternities legal societies technical professional licenses memberships scientific technical professional associations societies foreign language ability names addresses references consent names clients regularly represented whether credit cards credit arrangements accepted office hours availability statement legal fees initial consultation availability upon request written schedule fees estimate fee charged specific services provided published data shall disseminated extent format language uniformly applicable lawyers prescribed authority jurisdiction state law subject proviso applicable state unless implemented authority state counsel appellee oral argument readily stated know law offices big businesses may clients run computers rest argument may made term noncommercial sanctimonious humbug tr oral arg see christensen lawyers people moderate means note advertising solicitation profession duty make legal counsel available yale indeed appears even medical profession views alleged adverse effect advertising somewhat different light appellee statement judicial council american medical association provides part advertising principles medical ethics proscribe advertising proscribe solicitation patients public entitled know names physicians type practices location offices office hours useful information enable people make informed choice physician physician may furnish information accepted local media advertising communication open physicians like conditions office signs professional cards dignified announcements telephone directory listings reputable directories examples acceptable media making information available public physician may give biographical relevant data listing reputable directory physician option chooses supply fee information published data may include charge standard office visit fee range fees specific types services provided disclosure made variable pertinent factors affecting amount fee specified published data may include relevant facts physician false misleading deceptive statements claims avoided see freedman lawyers ethics adversary system branca steinberg attorney fee schedules legal advertising implications goldfarb ucla rev report special committee availability legal services adopted house delegates american bar association contained aba revised handbook prepaid legal services persuaded actual feared price services coupled sense unequal bargaining status significant barrier wider utilization legal services see also koos family law survey families cited cost reason using lawyer murphy walkowski compilation reference materials prepaid legal services summarizing study respondents gave expected cost reason using lawyer services despite perceived need indications fear cost unrealistic see petition board governors district columbia bar amendments rule rules governing bar district columbia reprinted app brief amicus curiae reporting study consumers overestimated lawyers fees drawing simple reading advising installment sales contract minutes consultation see also marks hallauer clifton shreveport plan experiment delivery legal services preliminary release results survey conducted aba special committee survey legal needs collaboration american bar foundation reveals strongly agreed another slightly agreed statement people go lawyers way knowing lawyers competent handle particular problems aba legal services public alternatives see curran spalding legal needs public preliminary report earlier report concerning survey although advertising adequate deal problem completely provide information consumer needs make intelligent selection british view may changing official british commission recently presented reports parliament recommending solicitors permitted advertise monopolies mergers commission services solicitors england wales report supply services solicitors england wales relation restrictions advertising monopolies mergers commission services solicitors scotland report supply services solicitors scotland relation restrictions advertising companion study concerning barristers recommended changes made restrictions upon advertising chiefly barristers hired directly laymen monopolies mergers commission barristers services report supply barristers services relation restrictions advertising see morgan evolving concept professional responsibility harv rev note advertising solicitation profession duty make legal counsel available yale economic considerations suggest advertising significant force marketing inexpensive frequently used goods services mass markets marketing unique products services moreover see nothing misleading advertisement cost initial consultation american bar association code professional responsibility dr permits disclosure fee information classified section telephone directory see supra information misleading published telephone directory difficult see becomes misleading published newspaper one commentator observed moment reflection reveals argument made barbers rarely two haircuts identical mean barbers quote standard price lawyers perform countless relatively standardized services vary somewhat complexity much make job utterly unique morgan supra chief justice justice powell argue dissent advertising misleading exact services included advertised package may clearly specified understood prospective client post bar however retains power define services must included advertised package uncontested divorce thereby standardizing product recognize occasional client might fail appreciate complexity legal problem visit attorney mistaken belief difficulty handled advertised price misunderstanding however usually exposed initial consultation ethical attorney impose minimal consultation charge charge discussion client decides work performed fee negotiated normal manner client thus largely position advertising light benefits advertising whose problem resolved advertised price suppression warranted account occasional client misperceives legal difficulties argument made advertising abortion services although layman may know details medical procedure may always able accurately diagnose pregnancy advertising certain first amendment protection bigelow virginia might argued advertising undesirable allows potential client substitute advertising reputational information selecting appropriate attorney see note sherman act scrutiny bar restraints advertising solicitation attorneys rev since referral system relying reputation attorney future business partially dependent current performance system benefit providing mechanism disciplining misconduct creating incentive attorney better job present clients although system may worked typical lawyer practiced small homogeneous community ascertaining reputational information easy consumer commentators seriously questioned current efficacy see christensen lawyers people moderate means note bar restrictions dissemination information legal services ucla rev note sherman act scrutiny supra trends urbanization specialization long since moved typical practice law smalltown setting see pound lawyer antiquity modern times information qualifications lawyers available many see supra available may inaccurate biased see note sherman act scrutiny supra argued advertising also encourage fraudulent claims believe however inevitable relationship advertising dishonesty see monopolies mergers commission services solicitors england wales supra temptation depart high standards required profession doubt exists believe solicitors likely succumb easily frequently merely reason supposed contamination advertising traditions profession sense responsibility members view strong happen unethical lawyers dishonest laymen likely meet even though restrictions advertising exist appropriate response fraud sanction addressed problem alone sanction unduly burdens legitimate activity decided cases reinforce view often recognized collective activity undertaken obtain meaningful access courts protected first amendment see transportation union michigan bar mine workers illinois bar railroad trainmen virginia bar naacp button difficult understand cases lawsuit somehow viewed evil underlying concern aggrieved receive information regarding legal rights means effectuating concern applies least much force aggrieved individuals groups aba survey discussed indicates adult population never visited attorney another visited attorney alternatives supra see also murphy walkowski compilation reference materials prepaid legal services meserve forgotten client average american appellee concedes existence problem argues advertising offers unfortunate solution brief appellee see benham effect advertising price eyeglasses law econ cady restricted advertising competition case retail drugs see also virginia pharmacy board virginia consumer council noting variation drug prices one city one hand advertising increase attorney overhead costs light utilization legal services public see supra may increase substantially demand services factors tend increase price legal services hand tendency advertising enhance competition might expected produce pressures attorneys reduce fees net effect competing influences hard estimate deem significant however consumer organizations filed briefs amici urging restriction advertising lifted note well despite fact advertising occasion might increase price consumer must pay competition advertising ordinarily desired norm even advertising causes fees drop means clear loss income lawyers result increased volume business generated advertising might compensate reduced profit per case see frierson legal advertising barrister winter wilson madison avenue meet bar appellant however stated job inform prospective client need employ lawyer handle work app determination whether advertisement misleading requires consideration legal sophistication audience cf feil ftc thus different degrees regulation may appropriate different areas chief justice burger concurring part dissenting part general agreement justice powell analysis part ii opinion particularly agree justice powell statement today decision effect profound changes practice law post although exact effect changes known fear injurious ban legal advertising designed protect members general public need legal services members apparently believe present case controlled holding one year ago virginia pharmacy board virginia consumer council however thought made explicit holding rested fact advertisement standardized prepackaged drugs issue context prohibition price advertising served useful function days individually compounded medicines longer tied conditions given birth said respect legal services necessity must vary greatly case case indeed find difficult impossible identify categories legal problems services fungible nature example justice powell persuasively demonstrates fallacy notion even uncontested divorce standard post reasonable charge divorce appellants wish advertise reasonably great deal depending variables child custody alimony support property settlement legal services rarely ever standardized potential clients rarely know advance services fact need price advertising never give public accurate picture base selection attorney indeed context legal services incomplete information worse information become trap unwary opinion largely disregards facts unsupported assumptions attorneys advertise anything routine services totally fails identify define advertise bar courts able protect public practitioners abuse trust former notion highly speculative course nothing solve problems decision create latter existing administrative machinery profession courts proved wholly inadequate police profession effectively see aba special committee evaluation disciplinary enforcement problems recommendations disciplinary enforcement impose enormous new regulatory burdens called decision presently deficient machinery bar courts unrealistic almost predictable create problems unmanageable proportions thus takes great leap unexplored sensitive regulatory area legal profession courts yet learned crawl let alone stand walk view need hasty plunge problem even wisest experts experts exist move sure steps sure public needs information concerning attorneys work fees time public needs protection unscrupulous incompetent practitioner anxious prey uninformed seems twin goals best served permitting organized bar experiment perfect programs announce public probable range fees specifically defined services thus give putative clients idea potential cost liability seeking legal assistance however even programs confined known knowable truly routine uncontested divorce defined exclude dispute alimony property rights child custody support make clear public actual fee charged given case vary according individual circumstances involved see aba code professional responsibility dr order insure expectations clients unduly inflated accompanying reform nature must type effective administrative procedure hear resolve grievances complaints disappointed clients unfortunately legal profession past approached solutions protection public much caution result little progress made however justice powell points post organized bar recently made reforms sensitive area appear offing rather allowing efforts bear fruit today opts draconian solution believe breed problems conceivably resolve express view justice powell conclusion advertisement attorney initial consultation fee hourly rate inherently misleading thus permitted since understand initial consultation different charge base hourly rate post careful study problems attorney advertising none yet made may well reveal advertisements limited matters carry potential abuse accompanies advertisement fees particular services however even limited advertisements permitted without disclaimer informs public fee charged particular case depend vary according individual circumstances case see aba code professional responsibility dr publication information organized bar create conflict holding goldfarb virginia state bar long attorneys obligation charge within range fees described justice powell justice stewart joins concurring part dissenting part agree appellants sherman act claim barred parker brown exemption therefore join part ii opinion join holding first amendment truthful newspaper advertising lawyer prices routine legal services may restrained ante although appears note reservations mentioned clear within undefined limits today decision effect profound changes practice law viewed centuries learned profession supervisory power courts members bar officers courts authority respective oversee regulation profession weakened although opinion profess framed narrowly reach subject future clarification holding explicit expansive respect advertising undefined routine legal services view result neither required first amendment public interest appellants two young members arizona bar placed advertisement phoenix newspaper apparently purpose testing validity arizona ban advertising attorneys advertisement reproduced ante stated appellants legal clinic provided legal services reasonable fees identified following four legal services indicating exact price divorce legal separation uncontested spouses sign papers plus filing fee preparation papers instructions simple uncontested divorce adoption uncontested severance proceeding plus approximately publication cost bankruptcy contested proceedings individual plus filing fee wife husband plus filing fee change name plus filing fee finds resolution question recent decision virginia pharmacy board virginia consumer council case held unconstitutional first fourteenth amendments virginia statute declaring unprofessional conduct licensed pharmacist advertise prices prescription drugs concluded commercial speech effect sell prescription drug price entitled certain protection first amendment found proffered justifications inadequate support ban price advertising careful note dealing case price advertising standardized product specifically reserved judgment constitutionality state regulation price advertising respect professional services stress considered case regulation commercial advertising pharmacists although express opinion professions distinctions historical functional professions may require consideration quite different factors physicians lawyers example dispense standardized products render professional services almost infinite variety nature consequent enhanced possibility confusion deception undertake certain kinds advertising emphasis original long thought price advertising legal services inevitably misleading services individualized respect content quality lay consumer legal services usually know advance precise nature scope services requires ante although finds force reasoning recognizes many services performed attorneys indeed unique first answer optimistic expression hope lawyers advertise fixed prices services type ibid basic response view acknowledged potential deceptive advertising unique services divide immense range professional product lawyers two categories unique routine insight afforded opinion one draws line finding services similar appellants advertisement routine uncontested divorce simple adoption uncontested personal bankruptcy change name like ibid phrase like embraces indicated advertising services must words flow freely cleanly ante even briefest reflection tasks lawyers trained variation among services perform caution facile assumptions legal services classified routine unique situations impossible client lawyer identify reasonable accuracy advance nature scope problems may encountered even handling matter outset seems routine neither quantitative qualitative measurement service actually needed likely feasible advance definitional problem well illustrated appellants advertised willingness obtain uncontested divorces potential client grievously misled reads advertised service embracing possible needs host problems implicated divorce include alimony support maintenance children child custody visitation rights interests life insurance community property tax refunds tax liabilities disposition property rights processing papers apparently service appellants provide usually straightforward least demanding aspect lawyer responsibility divorce case important viewpoint client diagnostic advisory function pursuit relevant inquiries client otherwise unaware advice respect alternative arrangements might prevent irreparable dissolution marriage otherwise resolve client problem although professional functions included within appellants packaged routine divorce frequently fall within concept advice lay person properly concerned seeks legal counsel average lay person simply feeling services included packaged divorce thus capacity judge nature advertised product result type advertisement us inescapably mislead many respond end promote distrust lawyers disrespect system justice advertising specified services fixed price infirmity advertisement issue appellants also assert services offered reasonable fees finds accurate statement since advertised fee fell lower end range customary charges fee customarily charged locality similar services never considered sole determinant reasonableness fee reasonableness reflects quantity quality service fee may reasonable one divorce unreasonable another fee may reasonable charged experienced divorce lawyer unreasonable charged recent law school graduate reasons readily apparent today discards discriminating approach profession long used judge reasonableness fee substitutes approach based market averages whether fee reasonable matter opinion matter verifiable fact suggests one unfortunate result today decision lawyers may feel free use wide variety adjectives fair moderate lowest town describe bargain offer public even one accept view legal services sufficiently routine minimize possibility deception nonetheless remains serious enforcement problem recognize problems notes misstatements may immaterial advertising may found quite inappropriate legal advertising precisely public lacks sophistication concerning legal services ante also recognizes advertising claims quality services susceptible measurement verification therefore may likely misleading warrant restriction ante recognizing problems remain defining boundary deceptive nondeceptive advertising observes bar may expected special role play assuring advertising attorneys flows freely cleanly ante seriously understates difficulties overestimates capabilities bar indeed agency public private assure reasonable degree effectiveness price advertising time unrestrained truthful ibid lawyers country licensed organized bars within operating codes approved highest courts acting pursuant statutory authority primary responsibility assuring compliance professional ethics standards traditional means disciplinary proceedings conducted initially voluntary bar committees subject judicial review view sheer size profession existence multiplicity jurisdictions problems inherent maintenance ethical standards even profession established traditions problem disciplinary enforcement country proved extremely difficult see generally aba special committee evaluation disciplinary enforcement problems recommendations disciplinary enforcement almost casual assumption authorization price advertising policed effectively bar reflects striking underappreciation nature magnitude disciplinary problem reasons tend make price advertising services inherently deceptive make policing wholly impractical respect commercial advertising justice stewart concurring virginia pharmacy noted since factual claims contained commercial price product advertisements relate tangible goods services may tested empirically corrected reflect truth simply way test empirically claims made appellants advertisement legal services serious difficulties determining whether advertised services fall within undefined category routine services whether described accurately understandably whether appellants claim reasonableness fees accurate factual questions truthful answers instances answers turn relatively subjective judgments wide differences opinion difficulties appellants advertisement inhere comparable price advertisement specific legal services even public agencies established oversee professional price advertising adequate protection public deception ethical lawyers unfair competition prove wholly intractable problem ii emphasizes need information assist persons desiring legal services choose lawyers economic system advertising commonly used useful means providing information goods services generally used respect legal certain professional services today controlling weight given danger general advertising services often tend mislead rather inform moreover concern characteristics legal profession thought beneficial society code professional ethics imbued sense professional public responsibility tradition duties officers courts suffer restraints advertising significantly diluted pressures toward relaxation proscription general advertising gained force recent years increased recognition difficulty citizens experience finding counsel willing serve reasonable prices seriousness problem overlooked organized bar national state levels bar addressed need expanding availability legal services variety ways including group legal service plans increasingly used unions cooperatives trade associations ii lawyer referral plans operated local state bars iii legal clinics iv public service law firms group insurance prepaid service plans notable progress made past two decades providing counsel indigents charged crime insignificant progress also made legal aid recently federal legal services corporation providing counsel indigents civil cases profession recognizes less success achieved assuring persons afford pay modest fees access lawyers competent willing represent study experimentation continue following series hearing american bar association amended code professional responsibility broaden information allowed state law lawyer may provide approved means advertising dr addition customary data published legal directories amended regulation authorizes publication lawyer fee initial consultation fact fee information available specific request willingness attorney accept credit cards credit arrangements regulation approves placement advertisements classified section telephone directories customary law lists legal directories also directories lawyers prepared consumer groups observes agree nothing inherently misleading advertisement cost initial consultation indeed limit fee information initial conference although skill experience lawyers vary widely negate equivalence hours service different lawyers variations quality service duly licensed lawyers inevitable lawyers operate least purpose internal control accounting basis specified hourly rates upon request appropriate case lawyers willing undertake employment rates advertisement rates appropriate medium duly designated necessarily misleading fee information also made clear total charge representation depend number hours devoted client problem variable difficult predict price content advertisement limited finite item rate per hour devoted client problem likelihood deceiving misleading considerably less specific services advertised fixed price iii although disagree strongly holding price advertisements undefined believe undefinable routine legal services reservations opinion worthy emphasis since may serve narrow ultimate reach first notes addressed peculiar problems associated advertising claims relating quality legal services ante inherent questions quality almost type price advertising lawyers view appellants advertisement entirely free quality implications nevertheless reservation respect limiting factor second virginia pharmacy notes may reasonable restrictions time place manner commercial price advertising view restrictions significantly broader reach respect professional services standardized products long recognized important state interests regulation professional advertising head new mexico board williamson lee optical semler dental examiners lawyers recently noted interest regulating lawyers especially great since lawyers essential primary governmental function administering justice historically officers courts goldfarb virginia state bar although opinion today finds interests insufficient justify prohibition price advertising state interests recognized cases weighed carefully future consideration time place manner restrictions finally opinion foreclose possibility limited supplementation way warning disclaimer like might required even advertisement kind ruled upon today assure consumer misled ante view least recognition potential deception inherent advertising specific legal services recognition though ambiguous light statements opinion may viewed encouragement believe price advertisement legal services public interest require particularized regulation iv area ventures today largely left profession within framework canons standards conduct prescribed respective enforced necessary courts problem bringing clients lawyers together mutually fair basis consistent public interest old profession one considerable complexity especially view constantly evolving nature need legal services problem resolved complete satisfaction despite diligent thoughtful efforts organized bar others period many years reason believe today best answers responsive future needs context imposition hard fast constitutional rules price advertising neither required precedent likely serve public interest one great virtues federalism opportunity affords experimentation innovation freedom discard amend proves unsuccessful detrimental public good constitutionalizing indeed affirmative encouraging competitive price advertising specified legal services substantially inhibit experimentation underway also limit control heretofore exercised lawyers respective apprehensive despite expressed intent proceed cautiously today holding viewed tens thousands lawyers invitation selfish lawyers alike engage competitive advertising escalating basis lawyers may gain temporary advantages others suffer economic power stronger lawyers subtle deceit less scrupulous lawyers members public may benefit marginally risk many others victimized simplistic price advertising professional services almost infinite variety nature virginia pharmacy board today long history legal profession thought risk public deception required marginal first amendment interests asserted disciplinary rule reproduced ante chief justice concurring virginia pharmacy also emphasized distinction tangible products professional services notes roughly prescriptions filled dosage units already prepared manufacturer sold pharmacy form dispensing prepackaged items pharmacist performs largely packaging rather compounding function former times emphasis original legal services routine depends eye beholder particular service may quite routine lawyer specialized area many years marital trust provisions example routine experienced tax estate lawyer may wholly alien negligence litigation lawyer unsophisticated client may think routine simply predicted absent even minimal common understanding service given unpredictability advance actually may required advertising lawyer prospective client often meeting minds although widely advertised tangible products customarily vary many respects least vast majority cases prospective purchasers know product make preliminary comparative judgment based price even lawyer advertising know advance nature extent services required client responds advertisement price comparisons designated services therefore likely mislead inform may argued many problems applicable couples modest means means invariably true even respect alimony support maintenance property questions certainly true respect sensitive problems child custody visitation rights high percentage couples seeking counsel divorce desire initially uncontested often describe civilized people mutually agreed separate want quiet divorce without alimony experienced counsel knows initial spirit amity often fades quickly collateral problems carefully explored indeed scrupulous counsel except rare case insist parties separate counsel assure rights children protected adequately short lawyer performed first duties diagnosis advice rights usually impossible know whether uncontested divorce president mark harrison state bar arizona testified suppose get lucky three clients come response appellants advertisement children real property real disagreement handle uncontested divorce proper job pre determined prestated price inherent vice ca know advance special problems client sees advertisement present bound predetermined price sooner later going inevitably sacrifice quality service able render app similar complications surround uncontested adoption simple bankruptcy use term clinic describe law firm size unusual possibly ambiguous view generally understood meaning medical profession appellants defend use justified plan provide standardized legal services low prices employment automatic equipment paralegals nothing novel unusual use law firms automatic equipment paralegals modern techniques serving clients lower cost appellants public service law firm private practice though advertising directed primarily clients family incomes less appellants limit practice income level example american bar association code professional responsibility specifies actors considered guides determining reasonableness fee dr include time labor required novelty difficulty questions involved skill requisite perform legal service properly likelihood apparent client acceptance particular employment preclude employment lawyer fee customarily charged locality similar legal services amount involved results obtained time limitations imposed client circumstances nature length professional relationship client experience reputation ability lawyer lawyers performing service whether fee fixed contingent major step forward taken initiation legal services program office economic opportunity program fully supported american bar association legal services program administered federal legal services corporation created congress efforts profession broaden availability legal services persons levels also gained momentum although semler dental examiners involved due process issue rather first amendment challenge distinction drawn case advertisement professional services commodities highly relevant chief justice hughes writing stated doubt authority state estimate baleful effects methods put stop legislature dealing traders commodities vital interest public health profession treating bodily ills demanding different standards conduct traditional competition market place community concerned maintenance professional standards insure competency individual practitioners protection prey upon public peculiarly susceptible imposition alluring promises physical relief community concerned providing safeguards deception practices tend demoralize profession forcing members unseemly rivalry enlarge opportunities least scrupulous generally called ethics profession consensus expert opinion necessity standards opinion without undertone criticism lawyers legal profession opposition price advertising reference profession condoning actions attorney structures social civic associations provide contacts potential clients ante ii implication opposition advertising derives view lawyers belittle person earns living strength arm somehow trade ante indiscriminate criticism unjustified lawyers hermits society suffer members legal profession customarily leaders civic charitable cultural political life communities indeed professional responsibility lawyers thought include duty civic public participation profession lawyers differ callings fancied conceit cherished tradition preservation essential lawyer reverence calling drinker legal ethics omitted certainly pride one profession without belittling perform tasks essential ongoing society speaks specifically newspaper advertising clear today decision confined principled basis price advertisements newspapers distinction drawn newspapers rather broad spectrum means example magazines signs buses subways posters handbills mail circulations questions remain open time place manner restrictions affecting media radio television suggested price advertising benefit younger lawyers smaller firms well public enabling compete favorably larger established firms overtones suggestion antitrust rather first amendment principle whatever origin reason seriously doubt validity premise increasing complexity legal practice perhaps strongest trend profession today toward specialization many small firms limit practice intensely specialized areas larger institutionalized firms likely variety departments devoted special area law established specialist large law firm advantages inconsiderable price competition becomes commonplace advertise truthfully areas practice enjoy economies scale may justify lower prices often possess economic power disadvantage weaker inexperienced firms advertising competition whether potential increased concentration law practice smaller number larger firms detrimental public addressed justice rehnquist dissenting part join part ii opinion holding appellants sherman act claim barred parker brown exemption largely reasons set forth dissent virginia pharmacy board virginia consumer council however dissent part iii agree first amendment infringed arizona regulation essentially commercial activity advertising legal services valentine chrestensen breard alexandria see pittsburgh press human relations continue believe first amendment speech provision long regarded sanctuary expressions public importance intellectual interest demeaned invocation protect advertisements goods services hold quite simply appellants advertisement however truthful reasonable may sort expression amendment adopted protect think brother powell persuasively demonstrates opinion opinion offers little guidance extent nature permissible state regulation professions law medicine join opinion except belief took first step slippery slope virginia pharmacy board supra possibility understandable workable differentiations protected speech unprotected speech field advertising largely evaporated exception commercial speech protection first amendment established valentine chrestensen supra abandoned shift adjudication first amendment claims advertisers predictable consequence agree brother powell effect today opinion professions unfortunate required first fourteenth amendments join implication opinion forms legal advertising may constitutionally protected valentine distinction constitutionally sound practically workable still unwilling take even one step slippery slope away therefore join parts ii opinion dissent part iii judgment