U.S. Court of Appeals affirms ruling on commercial free speech: 5 takeaways

The U.S. Fifth Circuit Court of Appeals upheld the earlier Federal District Court decision regarding restrictive advertising rules for dentists, Dentistry IQ reports.

Here are five takeaways:

1. The American Academy of Implant Dentistry, American Society of Dentist Anesthesiologists, American Academy of Oral Medicine and American Academy of Orofacial Pain filed the suite, arguing their first amendment right of commercial free speech to advertise dental specialists were unreasonably restricted by the Texas State Board of Dental Examiners.

2. The Texas State Board of Dental Examiners previously only recognized the nine specialties listed by the American Dental Association.

3. The nine specialties recognized by the American Dental Association are dental public health, endodontics, oral and maxillofacial pathology, oral and maxillofacial radiology, oral and maxillofacial surgery, orthodontics and dentofacial orthopedics, pediatric dentistry, periodontics and prosthodontics.

3. In January 2016, the U.S. District Court found the Texas State Board of Dental Examiners violated the plaintiffs' first amendment right to engaged in truthful, non-misleading commercial speech.

4. The American Dental Association has not commented on the federal appellate court's decision, nor offered comment on the possibility of an expansion of its recognized dental specialty areas.

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