Virginia State Board of Pharmacy ET Al v

Virginia State Board of Pharmacy ET Al v - Virginia State...

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Virginia State Board of Pharmacy ET Al v. Virginia Citizen’s Consumer Council, Inc. Et al I. Facts a. Appellees (plaintiff) as consumers of the prescription drug challenged a Virgina statute under the 1 st and 14 th Amendment a.i. Statue says it’s unprofessional conduct for a licensed pharmacist to advertise the price of prescription drugs b. Consumers say they would “greatly benefit if the prohibition were lifted and advertising freely allowed” II. Question a. Is a statutory ban on advertising prescription drug prices by licensed pharmacists a violation of "commercial speech" under the First Amendment? III. Holding a. The statute is void b. State could not limit pharmacists’ right to provide information about prescription drug prices
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Unformatted text preview: c. State may not try to keep public in ignorance of the lawful terms that pharmacist offer d. “State may not suppress the dissemination of concededly truth information about entirely lawful activity.” e. Economic interests are not precluded from speech in 1 st /14 th Amendment IV. Dissent by Rehnquist a. Advetising will lead to promotion of undesirable products b. Opinion extend to standing to raise 1 st Amendment claims beyond previous Court decisions c. Opinion extends Amendment to commercial endeavours d. Statute does not prohibit anyone from receving price by person or pohone d.i. Consumer groups could collect/publish the price information e. Adding transaction costs and decreasing efficiency...
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  • Fall '13
  • Cohen
  • Pharmacology, Supreme Court of the United States, First Amendment to the United States Constitution, Fourteenth Amendment to the United States Constitution, Medical prescription

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