Joseph

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 Fox, and Dr. B. Elliot Cole, (collectively “the Plaintiffs”) brought this action for injunctive relief under 42 U.S.C. § 1983 against Ronald Joseph in his official capacity as the Executive Director of the Medical Board of California (“the Defendant”). The Plaintiffs contended (1) that the statute and regulations implementing the statute constitute an impermissible regulation of commercial speech in violation of the First Amendment; (2) that the statute and regulations are vague and over broad; (3) that the statute and the regulations deprive the members of the Academy of their First Amendment right to free association; and (4) that the action of the Medical Board of California in applying the statute denied the Plaintiffs due process. The district court granted summary judgment for the Defendant, and we affirm.

*1102 I.

FACTS AND PROCEDURAL…