Legal Opinion
Bailey v. Morales
Court of Appeals for the Fifth Circuit
Decided September 16, 1999No. 98-41071PublishedCited by 29 opinions
1Opinion of the Court
LITTLE, District Judge:
Mark Bailey, D.C. (“Bailey”) appeals the district court’s ruling upholding the constitutionality of Texas House Bill 1327 (“H.B. 1327”). 1 We REVERSE the district court’s ruling with respect to the first amendment and declare the statute unconstitutional as applied to chiropractors.
I
This case arises out of the Texas Legislature’s attempt to regulate the “cottage industry” of alleged ambulance-chasing chiropractors and others that has emerged in Texas. Touting the state interests of consumer privacy, protection and the need to preserve the reputations of state-licensed…
2Cases cited17 opinions
- Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
- United States v. LanierSupreme Court of the United States · 1997
- United States v. HarrissSupreme Court of the United States · 1954
- Texas v. JohnsonSupreme Court of the United States · 1989
- Lockhart v. McCreeSupreme Court of the United States · 1986
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3Cited by29 opinions
- Speaks v. KruseCourt of Appeals for the Fifth Circuit · 2006
- Jason Goodman, D.C. v. Illinois Department Of Financial And Professional RegulationCourt of Appeals for the Seventh Circuit · 2005
- State v. BradfordSupreme Court of Florida · 2001
- National Ass'n of Tobacco Outlets, Inc. v. City of ProvidenceCourt of Appeals for the First Circuit · 2013
- Nicopure Labs, LLC v. Food and Drug AdministrationDistrict Court, District of Columbia · 2017
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