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Editor: Ben W. Glass
Profession: Attorney at Law

Category: Ethics and Regulation

Imagine this. A roomful of lawyers and other folks comprising a committee, sitting around trying to determine whether certain sound are "allowable" in lawyer advertising.

Apparently this goes on quite often in Florida. They have a lot of neat birds and other wildlife but apparently you can't use any in your attorney advertising.

According to a recent issue of the Florida Bar New, the advertising committee met to discuss various atrocities in advertising. One was apparently a proposal to use the sound of a seagul in the background of a radio or TV ad (I forget which, and it doesn't matter.)

So time was spent, I imagine, listening to the proposed ad....then discussing the ad...then voting to DISALLOW the sound of a seagul.

Now, answer me this. What business does the state have in regulating speech, including sounds, that are not deceptive or false or misleading? The general rule is that if speech is not deceptive, false or misleading, then it can be restricted only if there is a substantial government interest to be protected and then only if the restriction meets that interest in a direct and efficient way.