Supreme Court of the United States · Official docket →
First Choice Chiropractic, LLC, et al. v. Mike DeWine, Governor of Ohio, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 19-4092, 20-3038 · judgment August 13, 2020
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a business petitioner, and counsel who has filed here before, and down for a state or local-government respondent.
Question presented
This appeal arises out of a First Amendment challenge to a recently enacted Ohio statute that imposes strict limitations upon communications between medical practitioners and prospective patients who have been injured in automobile accidents or crimes. Granting a writ of certiorari will allow this Court to resolve the conflict that has developed amongst the Federal Courts of Appeal over the following question: When governmental regulations upon commercial speech are based upon either the identity of the speaker or the content of the message, does the “heightened scrutiny” standard addressed in Sorrell v. IMS Health Inc., 564 U.S. 552 (2011) control instead of the intermediate four-part test adopted in Central Hudson Gas & Elec. Corp. v. Pub. Serv. Comm. of New York, 447 U.S. 557 (1980)? In a reported decision, the United States Court of Appeals for the Sixth Circuit adopted the minority view that Sorrell changed nothing with regard to restrictions upon commercial speech, and the more forgiving Central Hudson standard governs in all such instances. First Choice Chiropractic, LLC v. DeWine, 969 F.3d 675, 682 n.3 (6th Cir. 2020); App. 13. Four other Circuits, on the other hand, employ “heighted scrutiny” when commercial speech is burdened with speaker-based or content-based restraints. Wollschlaeger v. Governor, Fla., 848 F.3d
Counsel of record
For petitioner
Paul W. Flowers
For respondent
Benjamin Michael Flowers
Ashbrook Byrne Kresge Flowers LLC
Case
Subject area
First Amendment (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, February 22, 2021 · Certiorari denied
Proceedings
- Feb 22 2021Petition DENIED.
- Jan 13 2021DISTRIBUTED for Conference of 2/19/2021.
- Jan 08 2021Waiver of right of respondent Ohio Governor Mike DeWine, et al. to respond filed.
- Dec 30 2020Petition for a writ of certiorari filed. (Response due February 4, 2021)