Legal Opinion

Attorney General Opinion No.

Kansas Attorney General Reports

Decided June 1, 1993Published

1Opinion of the Court

The Honorable Mark Parkinson State Senator, Twenty-Third District 15587 S. Greenwood Olathe, Kansas 66062

Dear Senator Parkinson:

You request an opinion concerning whether K.S.A. 1992 Supp. 59-2123(a)(1) which prohibits a person, other than a licensed child placement agency or the department of social and rehabilitation services, from advertising for adoption violates the first amendment to the United States constitution.

K.S.A. 1992 Supp. 59-2123 provides, in relevant part, as follows:

"(a) Except as otherwise provided in this section:
"(1) No person shall advertise that such person will adopt,…

2Cases cited6 opinions

  1. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  2. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
  3. Board of Trustees of State Univ. of NY v. FoxSupreme Court of the United States · 1989
  4. Ohralik v. Ohio State Bar Assn.Supreme Court of the United States · 1978
  5. Robert L. Rieke Building Co. v. City of Overland ParkSupreme Court of Kansas · 1983

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