Silverman v. Summers

GIBSON, Senior Circuit Judge.

Paul G. Summers and the Tennessee Board of Chiropractic Examiners appeal from the preliminary injunction entered by the district court barring the enforcement *371of Tennessee Code Annotated § 63-4-114(5) (Supp.2000), which prohibits in-person or telephone solicitation of a patient with whom a chiropractor or his agent has had no family or prior professional relationship, on the ground that the prohibition violates the First Amendment. The district court held that the statute fails to draw a distinction between soliciting and advertising and that it is not…