The provisions of Section Seven of these rules govern a lawyer's commercial speech, whether it is spoken, recorded, broadcast or published in-person, electronically, in writing or otherwise. Whether or not speech is commercial speech is generally determined objectively by its content.
Some speech is intertwined and contains elements of commercial speech and non-commercial speech.
If the speech is inextricably intertwined, it may be given full First Amendment protection. If, however, it is possible to separate the elements, the contents as a whole are deemed commercial speech and will be subject to these rules. States have the responsibility to impose limits on commercial speech which serve to protect prospective clients. When a lawyer exercises the rights to commercial speech, the lawyer is subject to certain limitations which may not apply in the exercise of non-commercial speech. Consequently, a lawyer is required to follow those provisions adopted by the state and set out in these rules.