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| | | Issue | Under the First Amendment as applied to the states, can a licensed pharmacist be disciplined for unprofessional conduct if he "publishes, advertises or promotes, directly or indirectly, in any manner whatsoever, any amount, price, fee, premium, discount, rebate or credit terms . . . for any drugs which may be dispensed only by prescription"? | |
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Majority Opinion
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Blackmun, J. (Stevens, J., took no part in case) |
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Concurring Opinion
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Burger, C.J., & Stewart., J. |
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Dissenting Opinion
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Rehnquist, J. |
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Oral Arguments
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Oral Arguments
[Oyez]
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| Lawyers |
Anthony F. Troy, Chief Deputy Attorney General of Virginia
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| News Stories & Commentary |
Wall Street Journal, "Elevating Commercial Speech" (May 26, 1976)
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| Other |
Brody, Steven G. & Johnson, Bruce E.H., ADVERTISING AND COMMERCIAL SPEECH: A FIRST AMENDMENT GUIDE (2nd ed., 2005) §3:5
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C. Edwin Baker, "Commercial Speech: A Problem in the Theory of Freedom," 62 Iowa Law Review 1 (1976)
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Daniel Farber, "Commercial Speech & First Amendment Theory," 74 Northwestern University Law Review 372 (1979)
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Dickson, Del, THE SUPREME COURT IN CONFERENCE (1940-1985): THE PRIVATE DISCUSSIONS BEHIND NEARLY 300 SUPREME COURT DECISIONS (2001), pp. 339-341
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Jackson & Jeffries, "Commercial Speech: Economic Due Process & the First Amendment," 65 Virginia Law Review 1 (1979)
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Lawrence Alexander & Daniel Farber, "Commercial Speech & First Amendment Theory: A Critical Exchange," 75 Northwestern University Law Review 307 (1980)
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Lawrence Alexander, "Speech in the Local Marketplace," 14 San Diego Law Review 357 (1977)
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Martin Redish, "Money Talks: Speech, Economic Power, & the Values of Democracy" (2001)
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Posner, Richard, "Free Speech in an Economic Perspective," 20 Suffolk Law Review 1 (1986)
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Robert Post, "The Constitutional Status of Commercial Speech," 48 UCLA Law Review 1 (2000)
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Ronald Collins & David Skover, "The Death of Discourse" (1996 / 2nd ed., 2005)
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Sunstein, Cass, "Commercial Speech, Constitutionalism, & Collective Choice," 56 University of Cincinnati Law Review 1317 (1988)
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Overruling
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Valentine v. Chrestensen
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