David Hudson at the ABA Journal covers the two recent wins in Florida: Searcy v. The Florida Bar and Rubenstein v. The Florida Bar.
Clay Calvert, a First Amendment scholar at the University of Florida, says that “Searcy is a great example of applying Central Hudson with teeth. Judge Hinkle demanded proof, not suspect speculation or convenient conjecture, that the public will be misled by representations of expertise and specialization. Frankly, the term board-certified used by the Florida Bar seems far more appropriate for the medical professional than the legal one. The Searcy law firm does specialize in the areas it claimed, regardless of whether it was board-certified,” Calvert says.