Opinion

Talsky v. Department of Registration & Education

  • 68 Ill. 2d 579
  • 12 Ill. Dec. 550
  • 370 N.E.2d 173
  • 3 Media L. Rep. (BNA) 1315
  • 1977 Ill. LEXIS 398
Court
Illinois Supreme Court
Filed
Oct 5, 1977
Status
Published
Author
Clark
On the bench
Underwood, Clark, Dooley
Cited by
8 cases
Authority
More cited than 10.0%

upholding advertising limitations on chiropractor, court determined that the public is particularly susceptible to advertising or promises of medical relief and that the State has a compelling interest to guard against potential abuse

How later courts described this case

  • upholding advertising limitations on chiropractor, court determined that the public is particularly susceptible to advertising or promises of medical relief and that the State has a compelling interest to guard against potential abuse

Written by the judges who cited it.

The opinion

MR. JUSTICE CLARK, dissenting:

I would uphold the judgment of the circuit court.

To determine the constitutionality of a given restriction of first amendment rights, the court must weigh the State’s interest in the restriction against the policies underlying the first amendment generally, and against the rights of the speaker and his audience particularly. (See, e.g., Virginia State Board of Pharmacy v. Virginia Citizens Control Council (1976), 425 U.S. 748, 756-70 , 48 L. Ed. 2d 346, 355-63 , 96 S. Ct. 1817, 1822-30 .) Here the State’s purported interest is in protecting its citizens from being misled by advertisements falsely claiming exorbitant benefits from chiropractic services. I believe the majority seriously underestimates the intelligence, common sense, and good judgment of the people of this State. Consequently, the majority has vastly overestimated the State’s interest in restricting the plaintiff’s right to speak and the people’s right to hear him.

The majority concedes that the statute is grossly overbroad, yet it still finds plaintiff’s conduct punishable. (See 68 Ill. 2d at 590-92.) The majority does not, however, adequately delineate what it finds objectionable in the plaintiff’s advertisements. Is it the free chicken? The suggestion that drugs are not the answer to all problems? The statements of satisfied former patients?

The Department does not contend that plaintiff promised anything that he could not deliver, nor does it contend that plaintiff was proposing to do anything unlawful or otherwise harmful. In the absence of such a showing, I would let the people of this State make up their own minds about the value of chiropractic services, rather than have the Department do it for them. I therefore respectfully dissent. ,

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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