McHenry argued that the 30-day blackout period violated the First Amendment right to free speech, insofar as Went For It sought to contact victims of accidents and disasters within 30 days of the incident.

The state, through the Florida Bar, asserted that it had a "substantial interest in protecting the privacy and tranquility of personal injury victims and their loved ones against intrusive, unsolicited contact by lawyers."

In the district court, the Florida Bar had submitted a 106-page report containing "statistical and anecdotal" evidence supporting the contention that the public viewed direct-mail solicitations from lawyers soon after an accident as intrusive.

In light of this evidence, the Supreme Court concluded that Florida's blackout period on direct solicitation advanced its interest in protecting the public from unwanted intrusions.

Although Went For It had suggested that the Bar could have banned only solicitations to seriously injured citizens, the Court noted that the commercial speech test did not mandate that a state use the least restrictive means to implement its objective.