ORLANDO, Fla. — Morgan & Morgan has filed a federal lawsuit challenging a Florida Bar rule that restricts lawyers from using celebrities in advertisements.
The lawsuit was filed Aug. 14 in the U.S. District Court for the Northern District of Florida. Morgan & Morgan and attorney Alexander M. Clem are listed as plaintiffs.
The complaint challenges Florida Rule of Professional Conduct 4-7.15(c), which generally prohibits lawyer advertisements from containing the voice or image of a celebrity.
The rule provides limited exceptions, including for local announcers who do not endorse the lawyer and celebrities providing testimonials as current or former clients.
Morgan & Morgan argues the restriction violates the First Amendment and is unconstitutionally vague because it does not clearly establish how recognizable someone must be to qualify as a celebrity.
The firm alleges the Florida Bar previously rejected advertisements featuring former NBA star Shaquille O’Neal, actor and race car driver Frankie Muniz, NASCAR driver Kyle Busch and professional golfer John Daly.
The complaint also says the Bar rejected a proposed billboard promoting a free youth football camp because it featured Miami Hurricanes player Malachi Toney.
Morgan & Morgan says it runs celebrity advertisements in other states and wants to use similar campaigns in Florida.
“We have a First Amendment right to speak to Floridians the same way we speak to Americans everywhere else,” firm founder John Morgan said in a statement.
The lawsuit asks a judge to declare the rule unconstitutional, block its enforcement and award the plaintiffs legal costs and attorneys’ fees.
The complaint contains the plaintiffs’ allegations, and a judge has not ruled on the merits of the case.
The Florida Bar’s published guidance says advertisements containing celebrity voices or images do not comply with its advertising rules.
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