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Dr. Gonzaga is a member of the Pasadena Dental Association (PDA), whose code of professional ethics clearly prohibits their members from any advertising of, or

Dr. Gonzaga is a member of the Pasadena Dental Association (PDA), whose code of professional ethics clearly prohibits their members from any advertising of, or solicitation for, their services. Dr. Gonzaga was expelled a few months ago from the PDA for aggressively and continuously advertising that he "is the only Pasadena dentist that offers a free first visit to any new patient" and "offers the lowest dental fees in town." After his appeal to keep his membership was denied with finality by the PDA, he went to court to challenge the legality of the PDA's code of ethics (recall one of our case briefs and the four legal/ethical typologies in healthcare law/regulation).

Will the court rule in favor of Dr. Gonzaga based purely on the circumstances described above? And why?

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No, because the PDA code of ethics does not in any way violate anti-trust law and commercial speech.

Yes, because the PDA code of ethics violates commercial speech, even if it does not in any way violate anti-trust law.

Cannot tell just from the circumstances described in this case scenario.

Yes, because the PDA code of ethics violates anti-trust law and commercial speech.

Yes, because the PDA code of ethics violates anti-trust law, even if it does not in any way violate commercial speech.

No, because professional and trade associations have the legal right to regulate (fee) advertising of their members through their code of ethics.

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