Bates v. State Bar of Arizona - Significance, Commercial Speech Doctrine Extended To Lawyer Advertising, Advertising Lawyers, Further Readings

court john william virginia

Appellants

John R. Bates, Van O'Steen

Appellee

State Bar of Arizona

Appellants' Claim

That state rules prohibiting lawyers from advertising violate the Sherman Antitrust Act by restraining trade, and violate the First Amendment by inhibiting free speech.

Chief Lawyer for Appellants

William C. Canby, Jr.

Chief Lawyer for Appellee

John P. Frank

Justices for the Court

Harry A. Blackmun (writing for the Court), William J. Brennan, Jr., Thurgood Marshall, Jr., John Paul Stevens, Byron R. White

Justices Dissenting

Warren E. Burger, Lewis F. Powell, William H. Rehnquist, Potter Stewart

Place

Washington, D.C.

Date of Decision

27 June 1977

Decision

Although the U.S. Supreme Court disregarded the petitioner's antitrust claim, citing their right of free speech, as well as the public's right to receive their message concerning competitive legal fees, the Court ruled in favor of lawyers John Bates and Van O'Steen.

Related Cases

Goldfarb v. Virginia State Bar, 421 U.S. 773 (1975).
Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, 425 U.S. 748 (1976).
Ohralik v. Ohio Bar Association, 436 U.S. 447 (1978).

Sources

American Bar Association, Lawyer Advertising at the Crossroads: Professional Policy Considerations. Chicago: American Bar Association, Commission on Advertising, 1995.

Additional Topics

Bates v. State Bar of Arizona - Significance

By emphasizing the public's right to know about legal fees, the Court opened the profession up to greater competition and added to the development of the commercial speech doctrine, which extends some First Amendment protections to advertising. John Bates and Van O'Steen were attorneys licensed to practice law in the state of Arizona. Together, they opened a legal clinic in Phoenix, and by accepti…

Bates v. State Bar of Arizona - Commercial Speech Doctrine Extended To Lawyer Advertising

A year earlier, in Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council (1976), the Court had decided its first landmark commercial speech case. Justice Blackmun, who also wrote the opinion of the Court in the earlier case, had declared unconstitutional a statute barring advertising of prescription drug prices. The commercial speech doctrine provides that advertisements which con…

Bates v. State Bar of Arizona - Advertising Lawyers

Lawyer advertising provides customers with information about legal services, legal rights, and a direct means of finding an attorney. The advertising must be truthful, not misleading or deceptive in any way. Phone directories, newspapers, newsletters, radio, television, and Internet homepages are all considered appropriate media. Advertising standards are based on the American Bar Association's (A…

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