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Kiser v. Reitz

United States Court of Appeals, Sixth Circuit

August 27, 2014

RUSSELL KISER, Plaintiff-Appellant,
v.
LILI REITZ et al., Defendants-Appellees

Argued, May 8, 2014

Page 602

[Copyrighted Material Omitted]

Page 603

Appeal from the United States District Court for the Southern District of Ohio at Columbus. No. 2:12-cv-00574 --Algenon L. Marbley, District Judge.

ARGUED:

Todd W. Newkirk, FRANK R. RECKER & ASSOCIATES, Columbus, Ohio, for Appellant.

Katherine J. Bockbrader, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellees.

ON BRIEF:

Todd W. Newkirk, FRANK R. RECKER & ASSOCIATES, Columbus, Ohio, for Appellant.

Katherine J. Bockbrader, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellees.

Before: MOORE and ROGERS, Circuit Judges; NIXON, District Judge.[*]

OPINION

Page 604

KAREN NELSON MOORE, Circuit Judge.

Dr. Russell Kiser is trained as a general dentist and as an endodontist specializing in root canal procedures. The Ohio State Dental Board (the " Board" ), of which the Defendants are members, promulgated regulations that restrict his ability to advertise as a specialist in endodontics while also practicing as a general dentist. Kiser asserts that the regulations are unconstitutional because they chill his exercise of his First Amendment commercial speech rights. On this appeal, we must determine whether Kiser has adequately demonstrated that he has standing to bring his claim under the Supreme Court's recent opinion in Susan B. Anthony List v. Driehaus, 134 S.Ct. 2334, 189 L.Ed.2d 246, 2014 WL 2675871 (U.S. 2014). Because Kiser has alleged facts demonstrating that he faces a credible threat that the Board's advertising regulations will be enforced against him in the future, we conclude that he has ...


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