The Eleventh Circuit today remanded back to the trial court a challenge to The Florida Bar advertising rules holding that the trial court improperly granted summary judgment for The Florida Bar.
The court held that the lawyer challenging the Bar Rules “has made a sufficiently credible showing that the rules are unconstitutionally vague on their face; if they are, we decline to let the Bar ‘hammer[] [them] out case by case and thereby ‘provide [them] with a patina’ of determinacy. Eaves, 601 F.2d at 822 (citation omitted). The district court should hear these claims now.”
