The law firm Morgan & Morgan filed a federal lawsuit against the Florida Bar on Friday, challenging a state regulation that prohibits attorneys from using celebrities in advertisements. The firm, which operates nationally, alleges that the ban violates the First Amendment right to free speech and that the rule's definition of a "celebrity" is too vague to be legally enforceable.
The Florida Bar is the state agency responsible for investigating and prosecuting ethics violations among lawyers. Its advertising rule, first adopted in 1990 and modified since, defines a celebrity as any individual recognizable to the intended audience by voice or image on a national, regional, or local level. According to the complaint, Florida and Pennsylvania are the only states with specific rules regarding celebrities in legal ads, with Florida’s version being the most restrictive.
Morgan & Morgan, which spent approximately $218 million on advertising in 2024, stated it has developed celebrity-led campaigns that run in other states but are barred in Florida. The firm specifically cited being unable to use advertisements featuring former NBA player Shaquille O’Neal, actor Frankie Muniz, and professional golfer John Daly. Attorney Deepak Gupta, representing the firm, stated the rule silences lawyers while allowing insurance companies to use celebrities like Peyton Manning in their own ads.
For the public, this change would be most visible in television commercials and on billboards. A consumer would notice celebrity endorsements in legal services similar to those currently seen for consumer products. The scale of the potential impact is significant given Morgan & Morgan’s reported $218 million annual advertising budget; a legal victory could trigger a surge in marketing spending by other firms seeking to compete for visibility using high-profile figures. The lawsuit claims the current ban places lawyers at a disadvantage compared to the industries they sue, potentially affecting the volume of cases brought against insurance providers and large corporations.
The case also sets a precedent for how the First Amendment applies to commercial speech and professional ethics rules. While the Florida Bar declined to comment on the pending litigation, the agency previously took no action when Morgan & Morgan requested an amendment to the rule in April. The federal court in Tallahassee will now determine if the state’s interest in regulating the legal profession outweighs the speech rights of law firms. No trial date has been set, but the Florida Bar must now respond to the complaint filed on August 14.