Texas Interior Designers Don't Have to Shut Up

Katherine Mangu-Ward | April 24, 2009

Interior designers can say whatever they want, acoording to the Fifth Circuit, in a ruling[PDF] this week. They can say, "Aqua and teal look great together," or "I think a camouflage-themed room would be fabulous," or "what you need here is some shag carpeting." They can even say "I am an interior designer," which they were forbidden from doing (in Texas and many other states) without a degree and a license. It's called commercial speech and it's protected too, baby.

From the court's reasoning:

The State advances a circular argument that the speech inherently tends to mislead consumers. It runs: Texas created a licensing regime; therefore, unlicensed interior designers who refer to themselves as interior designers will confuse consumers who will expect them to be licensed. The descriptive terms “interior designer” and “interior design” are not, however, inherently misleading. They merely describe a person’s trade or business. The terms can be employed deceptively, for example if a person does not actually practice interior design, but the speech is neither actually nor inherently misleading. This argument also proves too much, as it would authorize legislatures to license speech and reduce its constitutional protection by means of the licensing alone.

That explains this, of course:

Reason has been all over this story, here, here, and here:

Via alert reader Andrew Craig and Volokh

Comments

jester|4.24.09 @ 11:29AM|#

Yeah! So the camo-pink gets to stay! Fuckin' A!...and the Rule of Fifths too. Way cool!

Spoonman|4.24.09 @ 11:36AM|#

Well, that's an improvement, though it misses the larger point of why in the fuck Texas regulates interior design.

|4.24.09 @ 11:40AM|#

Well, that's an improvement, though it misses the larger point of why in the fuck Texas regulates interior design.

Rent seekers. That was toooo easy.

|4.24.09 @ 11:41AM|#

See teaching certification for a more sucessful example.

|4.24.09 @ 11:45AM|#

If I find something else I'll inform you.

You do that, Maria, you do that...

Naga Sadow|4.24.09 @ 11:45AM|#

Did Maria just spam the thread?

|4.24.09 @ 11:49AM|#

Did Maria just spam the thread?

U R so ghey. She's offering us "Absolutely FREE PlayBoy & Penthous." That's not spam, that's awesome.

|4.24.09 @ 11:54AM|#

Penthous

The German spammers are the hottest (and possibly also the craziest). Score!

The Angry Optimist|4.24.09 @ 11:54AM|#

Is it "Penthaus" in Germany?

And why is it "Pent" anyway? Does it have something to do with the number five? Perhaps the original penthouse was on the fifth floor?

Rick & Oscar|4.24.09 @ 11:57AM|#

How do you solve a problem like Maria?

Naga Sadow|4.24.09 @ 11:58AM|#

Score!

Goddamit Dagny! Now I got "Night at the Roxbury" stuck in my head.

|4.24.09 @ 11:59AM|#

Not that interested in interior design are you guys?

Naga Sadow|4.24.09 @ 12:00PM|#

coarsetad,

Are you joking? How else am I gonna have my color scheme accentuated by my furniture?

|4.24.09 @ 12:04PM|#

TAO,

It's aphetic form of "append" with a shift to a "t" in Anglo-Norman. Originally it meant almost any annex or additional structure affixed or connected to an existing structure.

Paul|4.24.09 @ 12:05PM|#

Well, that's an improvement, though it misses the larger point of why in the fuck Texas regulates interior design.

It's a state where steer horns are used as a living room appointment.

jester|4.24.09 @ 12:05PM|#

What we really need is Intelligent Interior Design.

|4.24.09 @ 12:07PM|#

Intelligent Interior Design

MY COUCH'S GRANDFATHER WAS NOT A DIVAN!

Paul|4.24.09 @ 12:07PM|#

Penthous

The German spammers are the hottest (and possibly also the craziest). Score!

That should be "Penthaus"

|4.24.09 @ 12:08PM|#

Does that me I can say I am a Doctor when selling you homopathic (crap) drugs?

DADIODADDY|4.24.09 @ 12:08PM|#

Brokeback cowboys in the legislature?

jester|4.24.09 @ 12:09PM|#

Steer horns are always reserved for the car grill.

jester|4.24.09 @ 12:10PM|#

but it was once...a davenport!

|4.24.09 @ 12:12PM|#

That should be "Penthaus"

I didn't say she was a particularly bright spammer, now did I?

|4.24.09 @ 12:13PM|#

Steer horns make a fine automotive mascot. I have a set on my chevette diesel.

jester|4.24.09 @ 12:16PM|#

Plural of 'Penthaus' is 'Penthäuser'. Goddam! Umlauts are badass!

economist|4.24.09 @ 12:18PM|#

I can understand licensing physicians, but...interior designers? WTF?
"I suffered a severe injury from an unlicensed interior designer. The renovation sucked and I'll my friends made fun of the paint job."
Really, what the hell?

|4.24.09 @ 12:19PM|#

Does that me I can say I am a Doctor when selling you homopathic (crap) drugs?

Unfortunately no.

|4.24.09 @ 12:21PM|#

So, a German spammer has to be licensed to tell me I should not put steer horns on my living room wall? I'm so confused.

jtuf|4.24.09 @ 12:22PM|#

Thanks for the good news, Mangu-Ward.

jester|4.24.09 @ 12:25PM|#

The worst was when they came up with licensing drivers. What the fuck was that about? And they made the test in English to confuse everyone. Hijos de fucking putas!

My Alzheimers Grandma does some fine off-road driving on the way to the mall under the easy-renewal system. Fuck! She deserves THE MONSTER TRUCK!

|4.24.09 @ 12:27PM|#

economist, it is because licensed interior designers have the most aesthetically pleasing lobby in Texas.

jester|4.24.09 @ 12:29PM|#

Nick you prick

Pimp yo' ride,

and hide yo' white-ass hide,

sho' some pride.

Paul|4.24.09 @ 12:35PM|#

homopathic (crap) drugs?

Uhuhuhuh.. he thed...homopathic....uhuhuhuhuh.

|4.24.09 @ 1:13PM|#

I can't remember- do we put homopaths in jail, or do we put them in Congress?

Brett Stevens|4.24.09 @ 1:40PM|#

I'd prefer there was a degree program for interior designers. I trust education far more than bureaucracy (what libertarians call "government").

|4.24.09 @ 1:44PM|#

Homopathic is the scientific name for gaydar.

|4.24.09 @ 2:17PM|#

Imagine using an unlicensed interior designer....wow!

That'd really make me a bad boy -- right up there with, say, getting a temporary tat, or even worse, calling information when I could have easily looked up the number myself.

Land of the free and home of the brave! Fuck yeah!

Jay|4.24.09 @ 2:18PM|#

Article with hot business lady picture spammed by a Playboy/Penthouse bot just below an article about Cali paying people to make porn...

Coincidence? I think not. Balko is obviously shilling for big porn...

|4.24.09 @ 3:26PM|#

"""economist, it is because licensed interior designers have the most aesthetically pleasing lobby in Texas."""

The velvet mafia?

strat|4.24.09 @ 6:32PM|#

Oh good, now they can work on repealing the law that makes it illegal to fix a PC without a private investigator's license. (prerequisite: 3 years of apprenticeship or a criminal justice degree)

I haven't heard how the Institute for Justice's suit on it is faring.

BakedPenguin|4.24.09 @ 7:55PM|#

Homopathic is the scientific name for gaydar.

Wrong. Homopaths are psycho gay dudes, like Jeffrey Dahmer or Andrew Cunanan. Don't you know nothin'?

bridget NISIVOCCIA|4.28.09 @ 10:14PM|#

Being an Interior Designer is wonderful but comes with it's downsides too. Interior Design is very objective, as you are taught what works, but it doesn't always mean your client will agree with you. The most important thing is communication!