SIOUX FALLS, SD, August 7, 2026 — Carolina Hernandez, Executive Director of the American Academy of Implant Dentistry (AAID), announces today that after nearly 3 years of litigation, the U.S. District Court for the District of South Dakota has ruled in favor of AAID and longtime AAID Fellow and American Board of Oral Implantology/Implant Dentistry (ABOI/ID) Diplomate Dr. Edward Kusek, striking down South Dakota’s specialty-advertising rule as unconstitutional. Judge Karen E. Schreier’s order, in American Academy of Implant Dentistry and Dr. Edward R. Kusek v. Jackley, et al., permanently bars the state from enforcing the rule against Dr. Kusek and every similarly situated ABOI/ID Diplomate in South Dakota.
South Dakota’s unconstitutional advertising rule allowed a dentist to advertise as a “specialist” only after completing a two-year, post-doctoral residency, regardless of the number of implants a dentist may have placed, how many years they had practiced, or that they were board certified by an independently accredited certifying board.
“We are grateful to Judge Schreier for her thoughtful analysis of the issues presented in this case. This decision ensures that patients in South Dakota will have full access to information concerning dentists’ experience and expertise in implant dentistry, including expertise obtained through the rigorous certification process of AAID and ABOI/ID,” said Executive Director Hernandez.
Justin Withrow, from Flannery | Georgalis LLC, trial counsel for AAID and Dr. Kusek, said “there is simply no world in which it makes sense to preclude a dentist with 40 years of implant experience and extensive implantology training like Dr. Kusek from accurately telling consumers about his practice and credentials, while permitting a dentist fresh out of residency to advertise as a specialist on day one. The Court’s decision is a win for the First Amendment and for South Dakota’s consumers.”
“AAID’s successful litigation of this matter underscores its longstanding commitment to protecting its members’ free speech rights across the country,” said Colin Callahan, also of Flannery | Georgalis LLC. “Anytime that the government seeks to stifle AAID members’ First Amendment rights, we will take whatever action is necessary to ensure that every member is able to truthfully advertise as a specialist in their field.”
Trial Counsel in American Academy of Implant Dentistry and Dr. Edward R. Kusek v. Jackley, et al., Case No. 4:23-CV-O4113-KES (D.SD). AAID and Dr. Edward Kusek were represented by Justin Withrow, Colin Callahan, Ben Reese, and Antonia Gelorme from Flannery | Georgalis LLC and Jami Bishop from Johnson, Janklow & Abdallah, LLP.