Snell v. Department of Professional Regulation

I respectfully dissent because I am unable to reconcile the majority’s decision with Illinois Supreme Court precedent.

State regulation of commercial speech is permissible by means of appropriate time, place, and manner restrictions and where such speech is false or misleading. Desnick, 171 Ill. 2d at 518, 665 N.E.2d at 1352. Further, the overbreadth doctrine, traditionally utilized in analyzing challenges to a regulation’s constitutionality, does not apply to commercial speech challenges. Desnick, 171 Ill. 2d at 519, 665 N.E.2d at 1353. Thus, the challenging party may not simply attack the…