Semler v. Oregon State Bd. of Dental Examiners, 294 U.S. 608 (1935). · Go Syfert
Semler v. Oregon State Bd. of Dental Examiners, 294 U.S. 608 (1935). Cases Citing This Book View Copy Cite
1,060 citation events (110 in the last 25 years) across 113 distinct courts.
Strongest positive: State v. Peters (fladistctapp, 1988-11-15)
Treatment trajectory · 1935 → 2026 · click a year to view as-of
1935 1980 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) State v. Peters (3×) also: Cited as authority (quoted)
Fla. Dist. Ct. App. · 1988 · signal: see also · quote attribution · 3 verbatim quotes · confidence high
the state was not bound to deal alike with all these classes, or to strike at all evils at the same time or in the same way.
examined Cited as authority (quoted) Dr. Bernd Wollschlaeger v. Governor of the State of Florida (3×)
11th Cir. · 2014 · quote attribution · 3 verbatim quotes · confidence low
that the state may regulate the ... and to that end may ... establish supervision by an administrative board, is not open to dispute.
examined Cited as authority (quoted) State of Louisiana v. Verity (3×)
5th Cir. · 1988 · quote attribution · 3 verbatim quotes · confidence low
the ... not bound to deal alike with all ... classes, or to strike at all evils at the same time or in the same way.
examined Cited as authority (quoted) Louisiana ex rel. Guste v. Verity (3×)
5th Cir. · 1988 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
the ... not bound to deal alike with all ... classes, or to strike at all evils at the same time or in the same way.
cited Cited as authority (rule) Krystle Perry v. Stacy Marteney
4th Cir. · 2026 · confidence medium
State Bd. of Dental Exam’rs, 294 U.S. 608, 610 (1935).
discussed Cited as authority (rule) Helen Doe v. Thomas Horne
9th Cir. · 2024 · confidence medium
HORNE most acute to the legislative mind.” Id. (first quoting Roschen v. Ward, 279 U.S. 337, 339 (1929), then quoting Semler v. Oregon State Bd. of Dental Examiners, 294 U.S. 608, 610 (1935), and then quoting Williamson v. Lee Optical of Okla.
discussed Cited as authority (rule) Asociacion de Empresarios Calle Loiza, Inc. v. The Municipality of San Juan
D.P.R. · 2024 · confidence medium
The carveout for hotel restaurants and bars does not destroy this rational relationship. “[R]eform may take one step at a time, addressing itself to the phase of the problem which seems most acute to the legislative mind.” Williamson v. Lee Optical of Oklahoma Inc., 348 U.S. 483, 489 (1955) (citing Semler v. Oregon State Board of Dental Examiners, 294 U.S. 608, 611 (1935)).
discussed Cited as authority (rule) Pennsylvania State Conference of NAACP Branches v. Northampton County Board of Elections
3rd Cir. · 2024 · confidence medium
The Court concluded that the “different treatment” afforded to similarly situated voters in different counties did not give rise to an Equal Protection Clause violation, in part because expanding voting to people who otherwise would not be entitled to it “should not render void [the] remedial legislation, which need not . . . ‘strike at all evils at the same time.’” Id. at 810-11 (quoting Semler v. Dental Exam’rs, 294 U.S. 608, 610 (1935)).
cited Cited as authority (rule) Nawg v. Rob Bonta
9th Cir. · 2023 · confidence medium
State Bd. of Dental Exam’rs, 294 U.S. 608, 612 (1935) (public health is a “vital interest”).
discussed Cited as authority (rule) Brokamp v. James
2d Cir. · 2023 · confidence medium
State Bd. of Dental Exam’rs, 294 U.S. 608, 611 (1935) (“That the state may regulate the practice of dentistry, prescribing the qualifications that are reasonably necessary, and to that end may require licenses and establish supervision by an administrative board, is not open to dispute.
cited Cited as authority (rule) SmileDirectClub, LLC v. Battle
N.D. Ga. · 2023 · confidence medium
State Bd. of Dental Exam’rs, 294 U.S. 608, 612 (1935).
cited Cited as authority (rule) Gorayeb v. Maine Board of Licensure in Medicine
Me. Super. Ct · 2023 · confidence medium
Petitioner's contentions to the contrary are disposed of by Semler v. Oregon State Bd. of Dental Examiners, 294 US 608, 610 (1935).
discussed Cited as authority (rule) Robert W. Otto v. City of Boca Raton, Florida (2×) also: Cited "see"
11th Cir. · 2022 · confidence medium
State Bd. of Dental Exam’rs, 294 U.S. 608, 612 (1935) (“That the state may regulate the practice of dentistry, prescribing the qualifications that are reason- ably necessary, and to that end may require licenses and establish supervision by an administrative board, is not open to dispute.
discussed Cited as authority (rule) Q.C. v. WINSTON-SALEM/FORSYTH COUNTY SCHOOLS BOARD OF EDUCATION
M.D.N.C. · 2022 · confidence medium
Categories under this test may be underinclusive or overinclusive and “need not ‘strike at all evils at the same time.’” Dukes, 427 U.S. at 305 (quoting Semler v. Dental Examiners, 294 U.S. 608, 610 (1935)).
discussed Cited as authority (rule) Van Sant & Co. v. Town of Calhan (2×) also: Cited "see"
D. Colo. · 2022 · confidence medium
Town defendants cite City of New Orleans v. Dukes, 427 U.S. 297, 305 (1976) for the proposition that grandfathering provisions do not defeat the stated rationale of legislation because “a legislature need not ‘strike at all evils at the same time.’” Id. (quoting Semler v. Dental Examiners, 294 U.S. 608, 610 (1935)).
cited Cited as authority (rule) Asja v. Rob Bonta
9th Cir. · 2021 · confidence medium
State Bd. of Dental Examiners, 294 U.S. 608, 610 (1935).
discussed Cited as authority (rule) People v. Miranda
Cal. Ct. App. · 2021 · confidence medium
As the United States Supreme Court has repeatedly emphasized, “[e]vils in the same field may be of different dimensions and proportions, requiring different remedies,” and reform may validly “take one step at a time,” “select[ing] one phase of one field and apply[ing] a remedy there, neglecting the others.” (Williamson v. Lee Optical of Oklahoma, Inc. (1955) 348 U.S. 483, 489 ; see also Roschen v. Ward (1929) 279 U.S. 337, 339 [“[a] statute is not invalid under the Constitution because it might have gone farther than it did”]; Semler v. Oregon State Bd. of Dental Examiners (193…
discussed Cited as authority (rule) Kelvin Leon Jones v. Governor of Florida
11th Cir. · 2020 · confidence medium
State Bd. of Dental Exam’rs, 294 U.S. 608, 610 (1935), and “[a] statute is not invalid under the Constitution because it might have gone farther than it did,” Roschen v. Ward, 279 U.S. 337, 339 (1929).
discussed Cited as authority (rule) Kelvin Leon Jones v. Governor of Florida
11th Cir. · 2020 · confidence medium
State Bd. of Dental Exam’rs, 294 U.S. 608, 610 (1935), and “[a] statute is not invalid under the Constitution because it might have gone farther than it did,” Roschen v. Ward, 279 U.S. 337, 339 (1929).
cited Cited as authority (rule) SUPPORT WORKING ANIMALS INC v. DESANTIS
N.D. Fla. · 2020 · confidence medium
State Bd. of Dental Exam’rs, 294 U.S. 608, 610 (1935).
discussed Cited as authority (rule) Tommy Ray Mays, II v. Frank LaRose
6th Cir. · 2020 · confidence medium
That [Ohio] has not gone still further, as perhaps it might, should not render void its remedial legislation, which need not, as we have stated before, “strike at all evils at the same time.” 394 U.S. at 810–11 (quoting Semler v. Dental Exam’rs, 294 U.S. 608, 610 (1935)) (footnote omitted).
discussed Cited as authority (rule) National Institute of Family and Life Advocates v. Becerra (2×)
SCOTUS · 2018 · confidence medium
See, e.g., Dent v. West Virginia, 129 U. S. 114 (1889) (upholding medical licensing requirements); Hawker v. New York, 170 U. S. 189 (1898) (same); Collins v. Texas, 223 U. S. 288 , 297–298 (1912) (recognizing the “right of the State to adopt a policy even upon medical matters concerning which there is difference of opinion and dis- pute”); Lambert v. Yellowley, 272 U. S. 581, 596 (1926) (“[T]here is no right to practice medicine which is not subordinate to the police power of the States”); Graves v. Minnesota, 272 U. S. 425, 429 (1926) (statutes “regulating Cite as: 585 U. S. ____…
discussed Cited as authority (rule) Rodriguez v. Brand West Dairy
N.M. · 2016 · confidence medium
State Bd. of Dental Exam’rs, 294 U.S. 608, 610 (1935)); Vance v. Bradley, 440 U.S. 93, 108 (1979) (rejecting an equal protection challenge because “[e]ven if the classification involved here is to some extent both underinclusive and overinclusive, and hence the line drawn by Congress imperfect, it is nevertheless the rule that in a case like this ‘perfection is by no means required’” (internal citation omitted)); City of New Orleans v. Dukes, 427 U.S. 297, 303 (1976) (“Legislatures may implement their program step by step, in such economic areas, adopting regulations that only part…
discussed Cited as authority (rule) Rodriguez v. Brand West Dairy (2×)
N.M. · 2016 · confidence medium
State Bd. of Dental Exam'rs, 294 U.S. 608, 610 (1935)); Vance v. Bradley, 440 U.S. 93, 108 (1979) (rejecting an equal protection challenge because “[ejven if the classification involved here is to some extent both undcrinclusive and overinclusive, and hence the line drawn by Congress imperfect, it is nevertheless the rule that in a case like this ‘perfection is by no means required’” (internal citation omitted)); City of New Orleans v. Dukes, 427 U.S. 297, 303 (1976) (“Legislatures may implement their program stop by step, in such economic areas, adopting regulations that only partia…
discussed Cited as authority (rule) Law School Admission Council v. California
Cal. Ct. App. · 2014 · confidence medium
Provide a fair process for timely reconsideration of the denial of requested accommodations.” 19 rejected by [Semler v. Oregon State Bd. of Dental Examiners (1935) 294 U.S. 608, 610 [ 79 L.Ed. 1086, 1089 ]], where the court found that Semler, also a dentist, had no ‘ground for objection because the particular regulation is limited to dentists and is not extended to other professional classes.
discussed Cited as authority (rule) Law School Admission Council, Inc. v. State
Cal. Ct. App. · 2014 · confidence medium
(Id. at pp. 258, 262.) The Court of Appeal rejected the challenge, explaining: “The contention is squarely answered by [Semler v. Dental Examiners (1935) 294 U.S. 608, 610 [ 79 L.Ed. 1086, 1089 , 55 S.Ct. 570 ]], where the court found that Semler, also a dentist, had no ‘ground for objection because the particular regulation is limited to dentists and is not extended to other professional classes.
discussed Cited as authority (rule) Lonaconing Trap Club, Inc. v. Maryland Department of the Environment (2×)
Md. · 2009 · confidence medium
Bd. of Dental Examiners, 294 U.S. 608, 610 , 55 S.Ct. 570, 571 , 79 L.Ed. 1086, 1089 (1935)).
discussed Cited as authority (rule) Kasler v. Lockyer
Cal. · 2000 · confidence medium
This Court has made clear that a legislature need not ‘strike at all evils at the same time or in the same way,’ Semler v. Oregon State Board of Dental Examiners, 294 U.S. 608, 610 [ 55 S.Ct. 570, 571 , 79 L.Ed. 1086 ] (1935), and that a legislature ‘may implement [its] program step by step, . . . adopting regulations that only partially ameliorate a perceived evil and deferring complete elimination of the evil to future regulations.’ New Orleans v. Dukes [(1976)] 427 U.S. [297,] 303 [ 96 S.Ct. 2513, 2517 , 49 L.Ed.2d 511 ], [Citations.] The Equal Protection Clause does not deny the St…
discussed Cited as authority (rule) Warden v. State Bar of California
Cal. · 1999 · confidence medium
(See, e.g., Williamson v. Lee Optical Co. (1955) 348 U.S. 483, 488-489 [ 75 S.Ct. 461, 464-465 , 99 L.Ed. 563 ]; Semler v. Dental Examiners (1935) 294 U.S. 608, 610-611 [ 55 S.Ct. 570, 571-572 , 79 L.Ed. 1086 ]; Ramirez v. Oregon State Bar (9th Cir. 1989) 887 F.2d 1089 ; Wachs v. Curry (1993) 13 Cal.App.4th 616, 624 [ 16 Cal.Rptr.2d 496 ] ,) 8 Thus, we agree with the Court of Appeal that plaintiffs equal protection challenge to the exemptions to the MCLE program properly must be evaluated under the traditional “rational relationship” standard.
discussed Cited as authority (rule) Murphy v. Department of Correction
Mass. · 1999 · confidence medium
See Dandridge v. Williams, 397 U.S. 471, 487 (1970) (equal protection does not require the state to “choose between attacking every aspect of a problem or not attacking the problem at all”); Semler v. Oregon State Bd. of Dental Examiners, 294 U.S. 608, 610-611 (1935).
discussed Cited as authority (rule) Denver Area Educational Telecommunications Consortium, Inc. v. Federal Communications Commission (2×)
SCOTUS · 1996 · signal: cf. · confidence medium
Cf. Semler v. Oregon Bd. of Dental Examiners, 294 U. S. 608, 610 (1935) (the legislature need not "strike at all evils at the same time"); and Congress also must have a degree of leeway in tailoring means to ends.
cited Cited as authority (rule) Benjamin v. Bailey
Conn. · 1995 · confidence medium
Ed. 722 (1928)], that a legislature need not ‘strike at all evils at the same time,’ Semler v. Dental Examiners, 294 U.S. 608, 610 [ 55 S. Ct. 570 , 79 L.
discussed Cited as authority (rule) Greenwood v. City of North Salt Lake
Utah · 1991 · confidence medium
In determining constitutionality, courts are guided by the familiar principles that “a statute is not invalid under the Constitution because it might have gone farther than it did,” Roschen v. Ward, 279 U.S. 337, 339 [ 49 S.Ct. 336, 336 , 73 L.Ed. 722 ], that a legislature need not “strike at all evils at the same time,” Semler v. Dental Examiners, 294 U.S. 608, 610 [ 55 S.Ct. 570, 571 , 79 L.Ed. 1086 ], and that “reform may take one step at a time, addressing itself to the phase of the problem which seems most acute to the legislative mind,” Williamson v. Lee Optical Co., 348 U.S.…
discussed Cited as authority (rule) People v. Superior Court
Cal. Ct. App. · 1987 · confidence medium
(McDonald v. Board of Election (1969) 394 U.S. 802, 810-811 [ 22 L.Ed.2d 739, 746-747 , 89 S.Ct. 1404 ]; Semler v. Dental Examiners (1935) 294 U.S. 608, 610 [ 79 L.Ed. 1086, 1088-1089 , 55 S.Ct. 570 ]; Saal v. Workmen’s Comp.
discussed Cited as authority (rule) Eli Sutker v. Illinois State Dental Society
7th Cir. · 1987 · confidence medium
As Justice Brennan wrote, in Minnesota v. Clover Leaf Creamery Co., 449 U.S. 456 , 101 S.Ct. 715 , 66 L.Ed.2d 659 (1981): 13 This Court has made clear that a legislature need not "strike at all evils at the same time or in the same way," Semler v. Oregon State Board of Dental Examiners, 294 U.S. 608, 610 [ 55 S.Ct. 570, 571 , 79 L.Ed. 1086 ] (1935), and that a legislature "may implement [its] program step by step, ... adopting regulations that only partially ameliorate a perceived evil and deferring complete elimination of the evil to future regulations." New Orleans v. Dukes, 427 U.S., at 303…
discussed Cited as authority (rule) Sutker v. Illinois State Dental Society
7th Cir. · 1986 · confidence medium
As Justice Brennan wrote, in Minnesota v. Clover Leaf Creamery Co., 449 U.S. 456 , 101 S.Ct. 715 , 66 L.Ed.2d 659 (1981): This Court has made clear that a legislature need not “strike at all evils at the same time or in the same way,” Semler v. Oregon State Board of Dental Examiners, 294 U.S. 608, 610 [ 55 S.Ct. 570, 571 , 79 L.Ed. 1086 ] (1935), and that a legislature “may implement [its] program step by step, ... adopting regulations that only partially ameliorate a perceived evil and deferring complete elimination of the evil to future regulations.” New Orleans v. Dukes, 427 U.S., a…
discussed Cited as authority (rule) Jones on Behalf of Michele v. Board of Educ.
E.D.N.Y · 1986 · confidence medium
In scrutinizing a limitation on a reform measure aimed at eliminating an existing barrier____[a court should be] guided by the familiar principles that a “statute is not invalid under the Constitution because it might have gone further than it did,” Roschen v. Ward, 279 U.S. 337, 339 [ 49 S.Ct. 336, 336 , 73 L.Ed. 722 (1929)], that a legislature need not “strike at all evils at the same time,” Semler v. Dental Examiners, 294 U.S. 608, 610 [ 55 S.Ct. 570, 571 , 79 L.Ed. 1086 (1935)], and that “reform may take one step at a time, addressing itself to the phase of the problem which seem…
discussed Cited as authority (rule) Gilman v. Martin (2×)
Alaska · 1983 · confidence medium
Instead, it specifically indicates that the purpose of the lottery is to sell selected parcels of land to "adjoining property owners or to leaseholders so as to resolve existing controversies regarding access and title." Although governmental entities need not "deal alike with all ... classes, or ... strike at all evils at the same time or in the same way," Semler v. Oregon State Board of Dental Examiners, 294 U.S. 608, 610 , 55 S.Ct. 570, 571 , 79 L.Ed. 1086, 1089 (1935), underinclusive classifications violate the equal protection clause if the classification is "clearly wrong, [and] a displa…
discussed Cited as authority (rule) Taxation With Representation of Washington v. Donald T. Regan, Secretary of the Treasury (2×)
D.C. Cir. · 1982 · confidence medium
The Court stated: [I]n deciding the constitutional propriety of the limitations in such a reform measure we are guided by the familiar principles that a ‘statute is not invalid under the Constitution because it might have gone farther than it did,’ Roschen v. Ward, 279 U.S. 337, 339 [ 49 S.Ct. 336 , 73 L.Ed. 722 ], that a legislature need not ‘strike at all evils at the same time,’ Semler v. Dental Examiners, 294 U.S. 608, 610 [ 55 S.Ct. 570 -571, 79 L.Ed. 1086 ], and that ‘reform may take one step at a time, addressing itself to the phase of the problem which seems most acute to the…
cited Cited as authority (rule) Shell Oil Co. v. City of Revere
Mass. · 1981 · confidence medium
Bd. of Dental Examiners, 294 U.S. 608, 610 (1935).
discussed Cited as authority (rule) Minnesota v. Clover Leaf Creamery Co. (2×)
SCOTUS · 1981 · confidence medium
This Court has made clear that a legislature need not "strike at all evils at the same time or in the same way," Semler v. Oregon State Board of Dental Examiners, 294 U. S. 608, 610 (1935), and that a legislature "may implement [its] program step by step, . . . adopting regulations that only partially ameliorate a perceived evil and deferring complete elimination of the evil to future regulations." New Orleans v. Dukes, 427 U. S., at 303 .
cited Cited as authority (rule) Shirlene Anderson v. William Forrest Winter, Etc.
5th Cir. · 1980 · confidence medium
Semler v. Oregon State Board of Dental Examiners, 294 U.S. 608, 610 , 55 S.Ct. 570, 571 , 79 L.Ed. 1086, 1088 (1934).
discussed Cited as authority (rule) California Medical Association v. Federal Election Commission
9th Cir. · 1980 · confidence medium
The governing principle was stated in Katzenbach v. Morgan, 384 U.S. 641, 657 (, 86 S.Ct. 1717, 1727 , 16 L.Ed.2d 828 ) (1966): "(I)n deciding the constitutional propriety of the limitations in such a reform measure we are guided by the familiar principles that a 'statute is not invalid under the Constitution because it might have gone farther than it did,' Roschen v. Ward, 279 U.S. 337, 339 ( 49 S.Ct. 336 , 73 L.Ed. 722 ), that a legislature need not 'strike at all evils at the same time,' Semler v. Dental Examiners, 294 U.S. 608, 610 ( 55 S.Ct. 570, 571 , 79 L.Ed. 1086 ), and that 'reform ma…
discussed Cited as authority (rule) California Medical Ass'n v. Federal Election Commission
9th Cir. · 1980 · confidence medium
The governing principle was stated in Katzenbach v. Morgan, 384 U.S. 641, 657 [, 86 S.Ct. 1717, 1727 , 16 L.Ed.2d 828 ] (1966): “[I]n deciding the constitutional propriety of the limitations in such a reform measure we are guided by the familiar principles that a ‘statute is not invalid under the Constitution because it might have gone farther than it did,’ Roschen v. Ward, 279 U.S. 337, 339 [ 49 S.Ct. 336 , 73 L.Ed. 722 ], that a legislature need not ‘strike at all evils at the same time,’ Semler v. Dental Examiners, 294 U.S. 608, 610 [ 55 S.Ct. 570, 571 , 79 L.Ed. 1086 ], and that …
discussed Cited as authority (rule) Talley v. Municipal Court
Cal. Ct. App. · 1978 · confidence medium
That Illinois has not gone still further, as perhaps it might, should not render void its remedial legislation, which need not, as we have stated before, “strike at all evils at the same time.” Semler v. Dental Examiners, 294 U.S. 608, 610 (1935).’ (McDonald v. Board of Election, supra, 394 U.S. at pp. 810-811 [ 22 L.Ed.2d 739 at pp. 746-747 ].)” We conclude that the legislative determination to give prospective effect to chapter 890 is valid 3 and that the trial court correctly so relied. *117 Affirmed.
cited Cited as authority (rule) People v. Ambellas
Cal. App. Dep’t Super. Ct. · 1978 · confidence medium
The state is not required ‘to strike at all evils at the same time’ (Semler v. Dental Examiners, 294 U.S. 608, 610 [ 79 L.Ed. 1086, 1089 , 55 S.Ct. 570 ]).
discussed Cited as authority (rule) In Re Orosco
Cal. Ct. App. · 1978 · confidence medium
The state is not required “to strike at all evils at the same time or in the same way” (Semler v. Oregon State Bd. of Dental Examiners, 294 U.S. 608, 610 [ 79 L.Ed. 1086, 1089 , 55 S.Ct. 570 ]) in order to avoid the pitfalls of the equal protection clause.
discussed Cited as authority (rule) Thomas E. Meloon v. Raymond A. Helgemoe, Warden, New Hampshire State Prison
1st Cir. · 1977 · confidence medium
If the law ‘presumably hits the evil where it is most felt, it is not to be overthrown because there are other instances to which it might have been applied.’ Lindsley v. Natural Carbonic Gas Co., 220 U.S. 61, 78-79 [ 31 S.Ct. 337 , 55 L.Ed. 369 ]; Miller v. Wilson, 236 U.S. 373, 384 [ 35 S.Ct. 342, 344 , 59 L.Ed. 628 ]; Semler v. Dental Examiners, 294 U.S. 608, 610, 611 [ 55 S.Ct. 570 , 79 L.Ed. 1086 ]; West Coast Hotel Co. v. Parrish, 300 U.S. 379, 400 [ 57 S.Ct. 578 , 81 L.Ed. 703 ].” Minnesota v. Probate Court, 309 U.S. 270, 274-75 , 60 S.Ct. 523 , 84 L.Ed. 744 (1939).
cited Cited as authority (rule) Johnson v. Municipal Court
Cal. Ct. App. · 1977 · confidence medium
The state is not required “to strike at all evils at the same time” (Semler v. Dental Examiners, 294 U. S. 608, 610 [ 79 L.Ed. 1086, 1089 , 55 S.Ct. 570 ]).
discussed Cited as authority (rule) Naismith Dental Corp. v. Board of Dental Examiners
Cal. Ct. App. · 1977 · confidence medium
A distinction between them not related to those inherent differences could be valid under equal protection only if the distinction in treatment could be shown to be related to some other demonstrable difference between them.” The contention is squarely answered by Semler v. Dental Examiners, 294 U.S. 608, 610 [ 79 L.Ed. 1086, 1089 , 55 S.Ct. 570 ], where the court found that Semler, also a dentist, had no “ground for objection because the particular regulation is limited to dentists and is not extended to other professional classes.
Retrieving the full opinion text from the archive…
SEMLER
v.
OREGON STATE BOARD OF DENTAL EXAMINERS Et Al.
538.
Supreme Court of the United States.
Apr 1, 1935.
294 U.S. 608
Mr. Frank S. Senn, with whom Mr. H. R. Colwell was on the brief, for appellant., Messrs. Lawrence T. Harris, Harry M. Kenin, and Frank P. Keenan were on the brief for appellees.
Hughes.
Cited by 409 opinions  |  Published
3 passages pin-cited by 4 cases
Pinpoint authority: #9,885 of 633,719
Citer courts: Fifth Circuit (6) · Eleventh Circuit (3) · District Court of Appeal of Fl… (2)
Mr. Chief Justice Hughes

delivered the opinion of the Court.

This case presents the question of the validity of a statute of the State of Oregon, enacted in 1933, relating[*609] to the conduct of dentists. Oregon Laws, 1933, Chapter 166. Previous legislation had provided for the revocation of licenses for unprofessional conduct, which, as then defined, included advertising of an untruthful and misleading nature. The Act of 1933 amended the definition so as to provide the following additional grounds for revocation:

"... advertising professional superiority or the performance of professional services in a superior manner; advertising prices for professional service; advertising by means of large display, glaring light signs, or containing as a part thereof the representation of a tooth, teeth, bridge work or any portion of the human head; employing or making use of advertising solicitors or free publicity press agents; or advertising any free dental work, or free examination; or advertising to guarantee any dental service, or to perform any dental operation painlessly.”

Plaintiff, a dentist practicing in Portland, Oregon, brought this suit in the state court against the members of the State Board of Dental Examiners to enjoin the enforcement of the statute, alleging that it was repugnant to the due process and equal protection clauses of the Eourteenth Amendment, and impaired the obligation of contracts in violation of § 10, Article I, of the Constitution of the United States. The circuit court, overruling this contention, sustained a demurrer to the complaint and, upon the refusal of plaintiff to plead further, the suit was dismissed. On appeal, the Supreme Court of the State took the same view of the federal question and’ affirmed the judgment. 148 Or. 50; 34 P. (2d) 311. The case comes here on appeal.

Plaintiff alleged in his complaint that he was licensed in 1918; that he had continuously advertised his practice in newspapers and periodicals, and by means of signs of the sort described in the amended statute, and that he had employed advertising solicitors; that in his advertise[*610] ments he had represented that he had a high degree of efficiency and was able to perform his professional services in a superior manner; that he had stated the prices he would charge, had offered examination of prospective patients without charge, and had also represented that he guaranteed all his dental work and that his dental operations were performed painlessly. He further alleged that the statements in his advertisements were truthful and were made in good faith; that by these methods he had developed a large and lucrative practice; that through long training and experience he had acquired ability superior to that of the great majority of practicing dentists; that he had been able to standardize office operations, to purchase supplies in large quantities and at relatively low prices, and thus to establish a uniform schedule of charges for the majority of operations; also that he had made contracts for display signs and for advertisements in newspapers, and had entered into other engagements, of which he would be unable to take advantage if the legislation in question were sustained, and, in that event, his business would be destroyed or materially impaired.

Plaintiff is not entitled to complain of interference with the contracts he describes, if the regulation of his conduct as a dentist is not an unreasonable exercise of the protective power of the State. His contracts were necessarily subject to that authority. Rast v. Van Deman & Lewis Co., 240 U. S. 342, 363; Union Dry Goods Co. v. Georgia Public Service Comm’n, 248 U. S. 372, 375, 376; Sproles v. Binford, 286 U. S. 374, 391; Stephenson v. Binford, 287 U. S. 251, 276. Nor has plaintiff any ground for objection because the particular regulation is limited to dentists and is not extended to other professional classes. The State was not bound to deal alike with all these classes, or to strike at all evils at the same time or in the same way. It could deal with the different professions according to the needs of the public in relation to each.[*611] We find no basis for the charge of an unconstitutional discrimination. Watson v. Maryland, 218 U. S. 173, 179; Miller v. Wilson, 236 U. S. 373, 384; Missouri ex rel. Hurwitz v. North, 271 U. S. 40, 43; Dr. Bloom, Dentist, Inc. v. Cruise, 288 U. S. 588.

The question is whether the challenged restrictions amount to an arbitrary interference with liberty and property and thus violate the requirement of due process of law. That the State may regulate the practice of dentistry, prescribing the qualifications that are reasonably necessary, and to that end may require licenses and establish supervision by an administrative board, is not open to dispute. Douglas v. Noble, 261 U. S. 165; Graves v. Minnesota, 272 U. S. 425, 427. The State may thus afford protection against ignorance, incapacity and imposition. Dent v. West Virginia, 129 U. S. 114, 122; Graves v. Minnesota, supra. We have held that the State may deny to corporations the right to practice, insisting upon the personal obligations of individuals (Miller v. State Board of Dental Examiners, 90 Colo. 193; 8 P. (2d) 699; 287 U. S. 563), and that it may prohibit advertising that tends to mislead the public in this respect. Dr. Bloom, Dentist, Inc. v. Cruise, 259 N. Y. 358, 363; 182 N. E. 16; 288 U. S. 588.

Recognizing state power as to such matters, appellant insists that the statute in question goes too far because it prohibits advertising of the described character, although it may be truthful. He contends that the superiority he advertises exists in fact, that by his methods he is able to offer low prices and to render a beneficial public service contributing to the comfort and happiness of a large number of persons.

The State court defined the policy of the statute. The court said that while, in itself, there was nothing harmful in merely advertising prices for dental work or in displaying glaring signs illustrating teeth and bridge work, it could not be doubted that practitioners who were not[*612] willing to abide by the ethics of their profession often resorted to such advertising methods “ to lure the credulous and ignorant members of the public to their offices for the purpose of fleecing them.” The legislature was aiming at “ bait advertising.” “ Inducing patronage,” said the court, “ by representations of ‘ painless dentistry,’ ‘ professional superiority,’c free examinations,’ and ‘ guaranteed ’ dental work ” was, as a general rule, “ the practice of the charlatan and the quack to entice the public.”

We do not doubt the authority of the State to estimate the baleful effects of such methods and to put a stop to them. The legislature was not dealing with traders in commodities, but with the vital interest of public health, and with a profession treating bodily ills and demanding different standards of conduct from those which are traditional in the competition of the market place. The community is concerned with the maintenance of professional standards which will insure not only competency in individual practitioners, but protection against those who would prey upon a public peculiarly susceptible to imposition through alluring promises of physical relief. And the community is concerned in providing safeguards not only against deception, but against practices which would tend to demoralize the profession by forcing its members into an unseemly rivalry which would enlarge the opportunities of the least scrupulous. What is generally called the “ ethics ” of the profession is but the consensus of expert opinion as to the necessity of such standards.

It is no answer to say, as regards appellant’s claim of right to advertise his “professional superiority” or his “ performance of professional services in a superior manner,” that he is telling the truth. In framing its policy the legislature was not bound to provide for determinations of the relative proficiency of particular practitioners.[*613] The legislature was entitled to consider the general effects of the practices which it described, and if these effects were injurious in facilitating unwarranted and misleading claims, to counteract them by a general rule, even though in particular instances there might be no actual deception or misstatement. Booth v. Illinois, 184 U. S. 425, 429; Purity Extract Co. v. Lynch, 226 U. S. 192, 201; Hebe Co. v. Shaw, 248 U. S. 297, 303; Pierce Oil Corp. v. Hope, 248 U. S. 498, 500; Euclid v. Ambler Realty Co., 272 U. S. 365, 388, 389.

The judgment is

Affirmed.