Milavetz Gallop & Milavetz PA v. United States

BAPCPA provision violates First Amendment rights by barring truthful as well as false and deceptive advertising.
Procedural posture: 
Plaintiffs, practicing bankruptcy attorneys, sought an order declaring portions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") that restricted and compelled speech on the part of debt relief agencies unconstitutional as violative of the First Amendment, at least as applied to attorneys. Defendant United States moved to dismiss the claim for failure to state a claim upon which relief can be granted.
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