American Academy Of Pain Management v. Joseph

353 F.3d 1099 AMERICAN ACADEMY OF PAIN MANAGEMENT, a California non-profit corporation; Arnold Fox, M.D.; B. Elliot Cole, M.D., Plaintiffs-Appellants, v. Ronald JOSEPH, in his official capacity as the Executive Director of the Medical Board of California, Defendant-Appellee. No. 01-15764. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 14, 2002 — San Francisco, California. Filed January 2, 2004. COPYRIGHT MATERIAL OMITTED James J. Milam, Modesto, CA, for the plaintiffs-appellants. Mara Faust, Deputy Attorney General, Sacramento, CA, for the defendant-appellee. Appeal from the United States District Court for the Eastern District of California; Lawrence K. Karlton, Chief Judge, Presiding. D.C. No. CV-96-02108-LKK. Before: JOSEPH T. SNEED, PROCTER HUG, Jr. and MARSHA S. BERZON, Circuit Judges. OPINION HUG, Circuit Judge: 1 This appeal concerns the constitutionality of a California statute that limits a physician from advertising that he or she is "board certified" in a medical speciality unless the certifying board or association meets certain requirements. The American Academy of Pain Management ("the Academy") and two of its member doctors, Dr. Arnold…