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Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. (docket #: 74-895) (1976)  [Findlaw]

Secondary Link Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.  [Legal Information Institute]
Argument Date 11/11/1975
Decided 05/24/1976
Supreme Court Vote 7-1
Supreme Court Ruling First Amendment claim sustained.
 
IssueUnder 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"?
 
Case Summary & Additional Resources
Majority Opinion Blackmun, J. (Stevens, J., took no part in case)
Concurring Opinion Burger, C.J., & Stewart., J.
Dissenting Opinion Rehnquist, J.
Oral Arguments Oral Arguments  [Oyez]
Lawyers
For Petitioner
Anthony F. Troy, Chief Deputy Attorney General of Virginia

For Respondent
Alan B. Morrison

News Stories & Commentary
Tony Mauro, "Justice Blackmun's legacy lives on in church-state, commercial-speech decisions"

Wall Street Journal, "Elevating Commercial Speech" (May 26, 1976)
Other
Brody, Steven G. & Johnson, Bruce E.H., ADVERTISING AND COMMERCIAL SPEECH: A FIRST AMENDMENT GUIDE (2nd ed., 2005) §3:5
Bruce Johnson, Overview, "Advertising & First Amendment"

C. Edwin Baker, "Commercial Speech: A Problem in the Theory of Freedom," 62 Iowa Law Review 1 (1976)
Cases & Resources, "Advertising & First Amendment"

Daniel Farber, "Commercial Speech & First Amendment Theory," 74 Northwestern University Law Review 372 (1979)
Dickson, Del, THE SUPREME COURT IN CONFERENCE (1940-1985): THE PRIVATE DISCUSSIONS BEHIND NEARLY 300 SUPREME COURT DECISIONS (2001), pp. 339-341
Jackson & Jeffries, "Commercial Speech: Economic Due Process & the First Amendment," 65 Virginia Law Review 1 (1979)
Lawrence Alexander & Daniel Farber, "Commercial Speech & First Amendment Theory: A Critical Exchange," 75 Northwestern University Law Review 307 (1980)
Lawrence Alexander, "Speech in the Local Marketplace," 14 San Diego Law Review 357 (1977)
Martin Redish, "Money Talks: Speech, Economic Power, & the Values of Democracy" (2001)
Posner, Richard, "Free Speech in an Economic Perspective," 20 Suffolk Law Review 1 (1986)
Robert Post, "The Constitutional Status of Commercial Speech," 48 UCLA Law Review 1 (2000)
Ronald Collins & David Skover, "The Death of Discourse" (1996 / 2nd ed., 2005)
Sunstein, Cass, "Commercial Speech, Constitutionalism, & Collective Choice," 56 University of Cincinnati Law Review 1317 (1988)
Overruling Valentine v. Chrestensen
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