South Dakota dentistry board loses lawsuit over advertising prohibition
Federal judge finds that state rule regulating use of 'specialist' violated First Amendment
Correction: An earlier version of this article stated that the Attorney General’s Office defended the state. The office was a named defendant, and the state was represented by outside counsel.
An administrative rule written by the South Dakota State Board of Dentistry is unconstitutional because it intrudes on the First Amendment right to free speech, a federal judge has ruled.
The decision by Judge Karen Schreier was a defeat for the board as well as Attorney General Marty Jackley’s office, which was also named as a defendant.
The board’s rule was challenged by the American Academy of Implant Dentistry and Sioux Falls dentist Edward Kusek. At issue was a decision by the board to restrict dentists in the way they could advertise.
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