Douglas v. State’s Empirical Analysis

Citation profile

1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Appellant, however, overlooks material differences between disclosure requirements and outright prohibitions on speech.... Ohio has not attempted to prevent attorneys from conveying information to the public; it has only required them to provide somewhat more information than they might otherwise be inclined to present.... Because the extension of First Amendment protection to commercial speech is justified principally by the value to consumers of the information such speech provides, appellant’s constitutionally protected interest in not providing any particular factual information in his advertising is minimal. [[Image here]] We do not suggest that disclosure requirements do not implicate the advertiser’s First Amendment rights at all. We recognize that unjustified or unduly burdensome disclosure requirements might offend the First Amendment by chilling protected commercial speech. But we hold that an advertiser’s rights are adequately protected as long as disclosure requirements are reasonably related to the State’s interest in preventing deception of consumers. Douglas, 921 S.W.2d at 186 (quoting Zauderer, 471 U.S. at 650-51 , 105 S.Ct. at 2281-82 (internal citations omitted) (emphasis in last sentence added)).”

   1 later decision quote this exact passage
   e.g. Walker v. Board of Professional Responsibility of the Supreme Court

2. “For commercial speech to come within that provision [the First Amendment], it at least must concern lawful activity and not be misleading. Next, we must ask whether the asserted government interest is substantial. If both inquiries yield positive answers, we must determine whether the regulation directly advances the government interest asserted, and whether it is not more extensive than is necessary to serve that interest.”

   1 later decision quote this exact passage
   e.g. Walker v. Board of Professional Responsibility of the Supreme Court