pharmacy bd consumer council argued november decided may appellees consumers prescription drugs brought suit virginia state board pharmacy individual members appellants herein challenging validity first fourteenth amendments virginia statute declaring unprofessional conduct licensed pharmacist advertise prices prescription drugs district declared statute void enjoined appellants enforcing held first amendment protection enjoyed advertisers seeking disseminate prescription drug price information also enjoyed thus may asserted appellees recipients information pp commercial speech wholly outside protection first fourteenth amendments virginia statute therefore invalid pp advertiser interest commercial advertisement purely economic disqualify protection first fourteenth amendments individual consumer society general may strong interests free flow commercial information pp ban advertising prescription drug prices justified basis state interest maintaining professionalism licensed pharmacists state free require whatever professional standards wishes pharmacists may subsidize protect competition ways may keeping public ignorance lawful terms competing pharmacists offering pp whatever may bounds time place manner restrictions commercial speech plainly exceeded virginia statute singles speech particular content seeks prevent dissemination completely pp claim made prohibited prescription drug advertisements false misleading propose illegal transactions state may suppress dissemination concededly truthful information entirely lawful activity fearful information effect upon disseminators recipients pp blackmun delivered opinion burger brennan stewart white marshall powell joined burger post stewart post filed concurring opinions rehnquist filed dissenting opinion post stevens took part consideration decision case anthony troy chief deputy attorney general virginia argued cause appellants brief andrew miller attorney general patrick lacy deputy attorney general alan morrison argued cause filed brief appellees briefs amici curiae urging affirmance filed alfred miller stephen solomon american association retired persons et al gilbert weil philip kurland alan unikel association national advertisers harold rosenwald osco drug justice blackmun delivered opinion case attack violative first fourteenth amendments portion code ann provides pharmacist licensed virginia guilty unprofessional conduct publishes advertises promotes directly indirectly manner whatsoever amount price fee premium discount rebate credit terms drugs may dispensed prescription district declared quoted portion statute void effect jurisdictional statement app enjoined virginia state board pharmacy individual members board enforcing supp ed noted probable jurisdiction appeal since challenged restraint one peculiarly concerns licensed pharmacist virginia begin description profession exists virginia law practice pharmacy statutorily declared professional practice affecting public health safety welfare subject regulation control public interest code ann indeed practice subject extensive regulation aimed preserving high professional standards regulatory body appellant virginia state board pharmacy board broadly charged statute various responsibilities including aintenance quality quantity integrity safety efficacy drugs devices distributed dispensed administered also concern aintaining integrity public confidence profession improving delivery quality pharmaceutical services citizens virginia board empowered make bylaws rules regulations may necessary lawful exercise powers board also licensing authority may issue license necessary practice pharmacy state upon evidence applicant good moral character graduate pharmacy school approved board suitable period experience period required exceed months acceptable board applicant must pass examination prescribed board ibid one approved school school pharmacy medical college virginia curriculum three years following two years college prescribed prepharmacy courses biology chemistry taken college study requirements school include courses organic chemistry biochemistry comparative anatomy physiology pharmacology students also trained ethics profession clinical experience school hospital pharmacies medical center operated medical college rigid demanding curriculum terms pharmacy student expected know drugs licensed pharmacist subject civil monetary penalty revocation suspension license board finds good moral character violated number stated professional standards among negligent practice pharmacy engaged fraud deceit upon consumer connection practice pharmacy guilty unprofessional conduct unprofessional conduct specifically defined supra third numbered phrase relates advertising price prescription drug subject litigation inasmuch licensed pharmacist may dispense prescription drugs virginia advertising affirmative dissemination prescription drug price information effectively forbidden state pharmacies refuse even quote prescription drug prices telephone board position however constitute unprofessional publication clear nonetheless advertising prices normal sense forbidden prohibition extend nonprescription drugs neither confined prescriptions pharmacist compounds indeed prescriptions filled dosage forms prepared pharmaceutical manufacturer ii first challenge constitutionality phrase shortly phrase added statute suit seeking enjoin operation instituted drug retailing company one pharmacists although first amendment invoked challenge appears based primarily due process equal protection clauses fourteenth amendment event prohibition drug price advertising upheld patterson drug kingery supp wd threejudge find dispensation prescription drugs affects public health safety welfare appeal taken present second attack statute one made one directly subject prohibition pharmacist prescription drug consumers claim greatly benefit prohibition lifted advertising freely allowed plaintiffs individual virginia resident suffers diseases require take prescription drugs daily basis two nonprofit organizations claim first amendment entitles user prescription drugs receive information pharmacists wish communicate advertising promotional means concerning prices drugs certainly information may value drug prices virginia prescription nonprescription items strikingly vary outlet outlet even within locality stipulated example richmond cost achromycin tablets ranges difference sic newport area cost tetracycline ranges difference district seized identity consumers feature distinguishing present case patterson drug kingery supra unsuccessful plaintiffs earlier case pharmacists said prima facie commercial approach present plaintiffs hand asserting interest health fundamentally deeper trade consideration ibid district view expression valentine chrestensen effect purely commercial advertising protected tempered later decisions point first amendment interests free flow price information found outweigh countervailing interests state strength interest free flow drug price information borne felt fact three decision struck prohibitions drug price advertising florida board pharmacy webb city maryland board pharmacy md pennsylvania state board pharmacy pastor district recognized upheld federal constitutional challenges first amendment grounds state restrictions advertisement prices optometrists services head new mexico board eyeglass frames williamson lee optical dentists services semler dental examiners dangers abuse deception thought present however advertised commodity prescribed physician individual patient dispensed licensed pharmacist board failed justify statute adequately fall iii question first arises whether even assuming first amendment protection attaches flow drug price information protection enjoyed appellees recipients information solely advertisers seek disseminate information freedom speech presupposes willing speaker speaker exists case protection afforded communication source recipients clear decided cases lamont postmaster general upheld first amendment rights citizens receive political publications sent abroad recently kleindienst mandel acknowledged referred first amendment right receive information ideas freedom speech necessarily protects right receive procunier martinez censorship prison inmates mail examination thought unnecessary assess first amendment rights inmates reasoned censorship equally infringed rights noninmates correspondence addressed numerous expressions effect decisions see red lion broadcasting fcc stanley georgia griswold connecticut marsh alabama thomas collins martin struthers right advertise reciprocal right receive advertising may asserted appellees iv appellants contend advertisement prescription drug prices outside protection first amendment commercial speech question past decisions given indication commercial speech unprotected valentine chrestensen supra upheld new york statute prohibited distribution handbill circular advertising matter whatsoever upon street concluded although first amendment forbid banning communication handbill public thoroughfares imposed restraint government respect purely commercial advertising support commercial speech exception first amendment may perhaps found breard alexandria upheld conviction violation ordinance prohibiting solicitation magazine subscriptions reasoned selling brings transaction commercial feature distinguished martin struthers supra reversed conviction distribution leaflets publicizing religious meeting case involving element commercial moreover several times stressed communications first amendment protection given purely commercial new york times sullivan thomas collins murdock pennsylvania jamison texas since decision breard however never denied protection ground speech issue commercial speech simplistic approach come criticism regarded doubtful validity members avoided pittsburgh press human relations upheld ordinance prohibiting newspapers listing employment advertisements columns according whether male female employees sought hired sure characterized advertisements classic examples commercial speech newspaper printing advertisements character however upheld ordinance ground restriction imposed permissible discriminatory hirings proposed advertisements newspaper layout illegal last term bigelow virginia notion unprotected commercial speech passed scene reversed conviction violation virginia statute made circulation publication encourage promote processing abortion virginia misdemeanor defendant published newspaper availability abortions new york advertisement question addition announcing abortions legal new york offered services referral agency state rejected contention publication unprotected commercial chrestensen continued validity questioned holding described distinctly limited one merely upheld reasonable regulation manner commercial advertising distributed concluded virginia courts erred assumptions advertising entitled first amendment protection observed relationship speech marketplace products services make valueless marketplace ideas fragment hope continuing validity commercial speech exception arguably might persisted subject matter advertisement bigelow noted announcing availability legal abortions new york advertisement simply propose commercial transaction contained factual material clear public interest course advertisement related activity least respects state interfere see roe wade doe bolton indeed observed need decide case precise extent first amendment permits regulation advertising related activities state may legitimately regulate even prohibit contrast question whether first amendment exception commercial speech squarely us pharmacist wish editorialize subject cultural philosophical political wish report particularly newsworthy fact make generalized observations even commercial matters idea wishes communicate simply sell prescription drug price question whether communication wholly outside protection first amendment begin several propositions already settled beyond serious dispute clear example speech lose first amendment protection money spent project paid advertisement one form another buckley valeo pittsburgh press human relations new york times sullivan speech likewise protected even though carried form sold profit smith california books joseph burstyn wilson motion pictures murdock pennsylvania religious literature even though may involve solicitation purchase otherwise pay contribute money new york times sullivan supra naacp button jamison texas cantwell connecticut kind commercial speech lacks first amendment protection therefore must distinguished content yet speech whose content deprives protection simply speech commercial subject one contend pharmacist may prevented heard subject whether general pharmaceutical prices regulated advertisement forbidden dispositive commercial advertisement noneditorial merely reports fact purely factual matter public interest may claim protection bigelow virginia thornhill alabama question whether speech propose commercial transaction pittsburgh press human relations removed exposition ideas chaplinsky new hampshire truth science morality arts general diffusion liberal sentiments administration government roth lacks protection answer focusing first individual parties transaction proposed commercial advertisement may assume advertiser interest purely economic one hardly disqualifies protection first amendment interests contestants labor dispute primarily economic long settled employee employer protected first amendment express merits dispute order influence outcome see nlrb gissel packing nlrb virginia electric power afl swing thornhill alabama know requirement order avail first amendment protection parties labor dispute need address merits unionism general subject beyond immediate dispute observed thornhill practices single factory may economic repercussions upon whole region affect widespread systems marketing since fate single factory well turn ability advertise product resolution labor difficulties see satisfactory distinction two kinds speech particular consumer interest free flow commercial information interest may keen keener far interest day urgent political debate appellees case respect convincing one suppression prescription drug price information hits hardest poor sick particularly aged disproportionate amount income tends spent prescription drugs yet least able learn shopping pharmacist pharmacist scarce dollars best spent drug prices vary strikingly information charging becomes convenience mean alleviation physical pain enjoyment basic necessities generalizing society also may strong interest free flow commercial information even individual advertisement though entirely commercial may general public interest facts decided cases furnish illustrations advertisements stating referral services legal abortions available bigelow virginia supra manufacturer artificial furs promotes product alternative extinction competitors mammals see fur information fashion council timme son supp sdny domestic producer advertises product alternative imports tend deprive american residents jobs cf chicago joint board chicago tribune cert denied obviously commercial messages contain even great public interest element element however added pharmacist example cast commentator disparities drug prices giving competitor proof see little point requiring little difference moreover another consideration suggests line publicly interesting important commercial advertising opposite kind ever drawn advertising however tasteless excessive sometimes may seem nonetheless dissemination information producing selling product reason price long preserve predominantly free enterprise economy allocation resources large measure made numerous private economic decisions matter public interest decisions aggregate intelligent well informed end free flow commercial information indispensable see dun bradstreet grove douglas dissenting denial certiorari see also ftc procter gamble harlan concurring indispensable proper allocation resources free enterprise system also indispensable formation intelligent opinions system regulated altered therefore even first amendment thought primarily instrument enlighten public decisionmaking democracy say free flow information serve goal arrayed substantial individual societal interests number justifications advertising ban principally maintaining high degree professionalism part licensed pharmacists indisputably state strong interest maintaining professionalism exercised number ways consumer benefit clinical skill involved compounding drugs although noted make small percentage prescriptions filled yet even respect compounds room pharmacist serve customer well badly drugs kept long shelf may lose efficacy become adulterated packaged user way results occur expertise pharmacist may supplement prescribing physician latter specified amount dispensed directions appear label pharmacist specialist potencies dangers drugs may even consulted physician prescribe may know particular antagonism prescribed drug another customer might taking allergy customer may suffer pharmacist may supplied drug treated allergy pharmacists concededly large number monitor health problems drug consumptions customers come repeatedly pharmacist continuous relationship customer best position course exert professional skill customer protection price advertising argued place jeopardy pharmacist expertise customer health claimed aggressive price competition result unlimited advertising make impossible pharmacist supply professional services compounding handling dispensing prescription drugs services time consuming expensive competitors economize eliminating permitted advertise resulting lower prices painstaking conscientious pharmacist forced either follow suit go business also claimed prices might necessarily fall result advertising one pharmacist advertises others must resulting expense inflate cost drugs claimed advertising lead people shop prescription drugs among various pharmacists offer lowest prices loss stable relationships make individual attention certainly practice monitoring impossible finally argued damage done professional image pharmacist image skilled specialized craftsman attracts talent profession reinforces better habits price advertising said reduce pharmacist status mere retailer strength proffered justifications greatly undermined fact high professional standards substantial extent guaranteed close regulation pharmacists virginia subject case concerns retail sale pharmacist professional standards surely pharmacist guilty professional dereliction actually endangers customer promptly lose license time discount board justifications entirely regarded justifications type sufficient sustain advertising bans challenged due process equal protection grounds head new mexico board supra williamson lee optical supra semler dental examiners supra challenge made however based first amendment casts board justifications different light close inspection seen state protectiveness citizens rests large measure advantages kept ignorance advertising ban directly affect professional standards one way affects reactions assumed people free flow drug price information claim advertising ban way prevents cutting corners pharmacist inclined pharmacist likely cut corners event effect advertising ban insulate price competition open way make substantial perhaps even excessive profit addition providing inferior service painstaking pharmacist also protected protection based large part public ignorance appears feared pharmacist wishes provide low cost assertedly low quality services permitted advertise taken offer many unwitting customers choose service drive professional pharmacist business respond costly excessive advertising end paying price go one pharmacist another following discount destroy relationship lose respect profession advertises best interests avoided permitted know charging course alternative highly paternalistic approach alternative assume information harmful people perceive best interests well enough informed best means end open channels communication rather close truly open nothing prevents professional pharmacist marketing assertedly superior product contrasting prescription drug retailer choice among alternative approaches make virginia general assembly precisely kind choice dangers suppressing information dangers misuse freely available first amendment makes us virginia free require whatever professional standards wishes pharmacists may subsidize protect competition ways cf parker brown may keeping public ignorance entirely lawful terms competing pharmacists offering sense justifications virginia offered suppressing flow prescription drug price information far persuading us flow protected first amendment reinforced view hold vi concluding commercial speech like varieties protected course hold never regulated way forms commercial speech regulation surely permissible mention make clear us therefore foreclosed case claim example prohibition prescription drug price advertising mere time place manner restriction often approved restrictions kind provided justified without reference content regulated speech serve significant governmental interest leave open ample alternative channels communication information compare grayned city rockford kovacs cooper buckley valeo erznoznik city jacksonville cantwell connecticut saia new york whatever may proper bounds time place manner restrictions commercial speech plainly exceeded virginia statute singles speech particular content seeks prevent dissemination completely claim prescription drug price advertisements forbidden false misleading way untruthful speech commercial otherwise never protected sake gertz robert welch konigsberg state bar obviously much commercial speech provably false even wholly false deceptive misleading foresee obstacle state dealing effectively problem first amendment construe today prohibit state insuring stream commercial information flow cleanly well freely see example code ann also claim transactions proposed forbidden advertisements illegal way cf pittsburgh press human relations hunter cert denied finally special problems electronic broadcast media likewise case cf capitol broadcasting mitchell supp dc aff sub nom capitol broadcasting acting attorney general issue whether state may completely suppress dissemination concededly truthful information entirely lawful activity fearful information effect upon disseminators recipients reserving questions conclude answer one negative judgment district affirmed ordered footnotes section provides full pharmacist shall considered guilty unprofessional conduct found guilty crime involving grave moral turpitude guilty fraud deceit obtaining certificate registration issues publishes broadcasts radio otherwise distributes uses way whatsoever advertising matter statements made professional service tendency deceive defraud public contrary public health welfare publishes advertises promotes directly indirectly manner whatsoever amount price fee premium discount rebate credit terms professional services drugs containing narcotics drugs may dispensed prescription parties also stipulated pharmacy profession stipulation facts app app see generally app exception made legally qualified practitioners medicine dentistry osteopathy chiropody veterinary medicine stipulation facts app app theretofore administrative regulation effect outstanding board however advised state attorney general office regulation unauthorized challenged phrase added statute following year see patterson drug kingery supp wd stipulation facts app organizations virginia citizens consumer council virginia state substantial membership approximately respectively many users prescription drugs app american association retired persons national retired teachers association also claiming many members depend substantially prescription drugs brief among filed briefs amici curiae support appellees stipulation facts app phenomenon widely varying drug prices apparently national scope american medical association conducted survey chicago showed price differentials city amounts specific drug study undertaken consumers union new york found prices amount one drug ranged another app amici american association retired persons national retired teachers association state participated survey three prescription drug prices pharmacies washington found variances price identical drugs great brief amici curiae prevalence discrepancies throughout documented recent report staff report federal trade commission prescription drug price disclosures report indicates impose significant restrictions dissemination drug price information thus make problem national one florida pennsylvania decisions appear rest state constitutional grounds maryland decision based due process clause fourteenth amendment well provisions state constitution accord terry california state board pharmacy supp nd cal appeal docketed contra urowsky board regents supermarkets general sills super see note commercial speech end sight chrestensen de paul rev comment brooklyn rev comment lee rev head new mexico board first amendment issue raised refused consider however presented state courts reserved notice appeal action effect noted pittsburgh press human relations appellants oral argument recognized head due process case tr oral arg absence section pharmacies virginia advertise publish promote price information regarding prescription drugs stipulation facts app dissent contends right receive information another seeks disseminate least person objecting obtain information another way disseminate prior decisions cited said limited situations information sought received otherwise reasonably available see post emphasis also placed appellees great need information need assertedly cause take advantage alternative digging aware general principle freedom speech may abridged speaker listeners come message means seeking asking recognized limitation independent right listener receive information sought communicated certainly recipients political publications lamont gone abroad thereafter disseminated kleindienst organized lecture tour foreign marxist done addressees inmate correspondence procunier visited prison recipients great need information sought disseminated distinguishes prior cases makes appellees first amendment claim stronger rather weaker one see bigelow virginia citing justice douglas observation cammarano concurring opinion chrestensen ruling casual almost offhand survived reflection similar observation four justices dissent lehman city shaker heights expressions three justices separate dissents pittsburgh press human relations see also justice douglas comment dissenting denial certiorari dun bradstreet grove speech labor disputants course subject number restrictions stated nlrb gissel packing example employer threats retaliation labor actions employees without protection first amendment constitutionality restrictions upon speech special context labor disputes us express views complex subject advert cases labor field note circumstances speech entirely private economic character enjoys protection first amendment point hardly needs citation figures illustrative estimated example per capita drug expenditures persons age respectively twice figures age groups cooper piro age differences medical care spending fiscal year social security mueller gibson age differences health care spending fiscal year social security figures course reflect higher rate illness among aged americans years unable carry major activities chronic condition figure ages statistical policy division office management budget social indicators figures eloquently suggest diminished capacity aged kind active comparison shopping ban advertising makes necessary desirable diminished resources also general rule income averages half age groups parties stipulated significant portion income elderly persons spent medicine stipulation facts app views leading exponent position see meiklejohn free speech relation likewise emphasized role first amendment guaranteeing capacity democratic see new york times sullivan cases cited therein pharmaceuticals provide insignificant illustration parties stipulated expenditures prescription drugs estimated billion stipulation facts app said figure drugs drug sundries billion amount estimated increasing million per year worthington national health expenditures social security task predicting effect free flow drug price information production consumption drugs obviously hazardous speculative one recently undertaken however staff federal trade commission course report see supra merits possible commission rule outlaw drug price advertising restrictions staff concluded consumer savings substantial magnitude amounting many millions dollars per year staff report supra argument advanced board either brief testimony proffered prior summary judgment occasion made courts see pennsylvania state board pharmacy pastor advertisement low drug prices result overconsumption abuse advertised drugs argument prudently omitted definition drugs issue may sold physician prescription assume apparently dissent simply low prices freely advertised physicians overprescribe pharmacists ignore prescription requirement monitoring even pursued fully effective complicated mobility patient patronizing one pharmacist treated one prescriber availability drugs antagonism certain foods drinks stipulation facts app neither code ethics american pharmaceutical association virginia pharmaceutical association requires pharmacist maintain family prescription records app appellant board never promulgated regulation requiring records app descriptions pharmacist expertise importance consumer alleged jeopardization price advertising set forth length numerous summaries testimony proposed witnesses board objections testimony proposed witnesses plaintiffs board filed district prior summary judgment substance appellees contest app brief appellants concluding commercial speech enjoys first amendment protection held wholly undifferentiable forms commonsense differences speech propose commercial transaction pittsburgh press human relations varieties even differences justify conclusion commercial speech valueless thus subject complete suppression state nonetheless suggest different degree protection necessary insure flow truthful legitimate commercial information unimpaired truth commercial speech example may easily verifiable disseminator let us say news reporting political commentary ordinarily advertiser seeks disseminate information specific product service provides presumably knows anyone else also commercial speech may durable kinds since advertising sine qua non commercial profits little likelihood chilled proper regulation forgone entirely attributes greater objectivity hardiness commercial speech may make less necessary tolerate inaccurate statements fear silencing speaker compare new york times sullivan dun bradstreet grove may also make appropriate require commercial message appear form include additional information warnings disclaimers necessary prevent deceptive compare miami herald publishing tornillo banzhaf fcc app cert denied sub nom tobacco institute fcc cf barrels vinegar difficult choose statements designs devices deceive may also make inapplicable prohibition prior restraints compare new york times donaldson read magazine ftc standard education society drew ftc cert denied stress considered case regulation commercial advertising pharmacists although express opinion professions distinctions historical functional professions may require consideration quite different factors physicians lawyers example dispense standardized products render professional services almost infinite variety nature consequent enhanced possibility confusion deception undertake certain kinds advertising chief justice burger concurring notes roughly prescriptions filled dosage units already prepared manufacturer sold pharmacy form drugs market large enough make preparation profitable manufacturer reason drugs profitable pharmacist advertise dispensing prepackaged items pharmacist performs largely packaging rather compounding function former times decision today therefore deals largely state power prohibit pharmacists advertising retail price prepackaged drugs notes ante quite different factors govern faced law regulating even prohibiting advertising traditional learned professions medicine law interest regulating lawyers especially great since lawyers essential primary governmental function administering justice historically officers courts goldfarb virginia state bar see also cohen hurley also recognized state substantial interest regulating physicians see oregon medical society semler oregon state board dental examiners attorneys physicians engaged primarily providing services professional judgment large component matter different retail sale labeled drugs already prepared others justice stewart aptly observes differences commercial price product advertising ideological communication allow state scope regulating former unacceptable first amendment respect latter think important note also advertisement professional services carries quite different risks advertisement standard products took note semler supra upholding state statute prohibiting entirely certain types advertisement dentists legislature dealing traders commodities vital interest public health profession treating bodily ills demanding different standards conduct traditional competition market place community concerned maintenance professional standards insure competency individual practitioners protection prey upon public peculiarly susceptible imposition alluring promises physical relief community concerned providing safeguards deception practices tend demoralize profession forcing members unseemly rivalry enlarge opportunities least scrupulous justice stewart concurring thornhill alabama observed reedom discussion fulfill historic function nation must embrace issues information needed appropriate enable members society cope exigencies period shortly thornhill decision identified single category communications constitutionally unprotected communications utterance inflict injury chaplinsky new hampshire yet month chaplinsky without reference decision stated valentine chrestensen constitution imposes restraint government respects purely commercial advertising years casual almost offhand statement chrestensen operated exclude commercial speech protection afforded first amendment types communication cammarano douglas concurring today ends anomalous situation created chrestensen holds communication propose commercial transaction wholly outside protection first amendment ante since cardinal principle first amendment government power restrict expression message ideas subject matter content decision calls immediate question constitutional legitimacy every state federal law regulating false deceptive advertising write separately explain think today decision preclude governmental regulation several occasions addressed problem posed false statements fact libel cases cases demonstrate even respect expression core first amendment constitution provide absolute protection false factual statements cause private injury gertz robert welch concluded constitutional value false statements fact previously recognized new york times sullivan however factual errors inevitable free debate imposition liability erroneous factual assertions dampe vigor limi variety public debate inducing order provide ample breathing space free expression constitution places substantial limitations discretion government permit recovery libelous communications see gertz robert welch supra principles recognized libel decisions suggest government may take broader action protect public injury produced false deceptive price product advertising harm caused defamation contrast press must often attempt assemble true facts sketchy sometimes conflicting sources pressure publication deadlines commercial advertiser generally knows product service seeks sell position verify accuracy factual representations disseminates advertiser access truth product price substantially eliminates danger governmental regulation false misleading price product advertising chill accurate nondeceptive commercial expression therefore little need sanction falsehood order protect speech matters scope constitutional protection communicative expression universally inelastic area labor relations example recognized employer free speech right communicate views employees firmly established infringed union national labor relations board nlrb gissel packing see nlrb virginia electric power yet context concluded employer freedom communicate views employees may restricted requirement predictions carefully phrased basis objective fact response contention line permitted predictions proscribed threats vague stand traditional first amendment analysis relied employer intimate knowledge relationship ability avoid coercive speech simply avoiding conscious overstatements reason believe mislead employees cf barrels vinegar difficult choose statements designs devices deceive although speech labor relations setting may distinguished commercial advertising gissel packing opinion highly significant present context underscores constitutional importance speaker specific unique knowledge relevant facts establishes regulatory scheme monitoring impact utterances invariably inconsistent first amendment see determination commercial advertising kind issue wholly outside protection first amendment indicates phrasing important differences commercial price product advertising one hand ideological communication see ante ideological expression oral literary pictorial theatrical integrally related exposition thought thought may shape concepts whole universe man although expression may convey factual information relevant social individual decisionmaking protected constitution whether contains factual representations even includes inaccurate assertions fact indeed disregard truth may employed give force underlying idea expressed speaker first amendment thing false idea way ideas suppressed competition ideas gertz robert welch commercial price product advertising differs markedly ideological expression confined promotion specific goods services first amendment protects advertisement information potential interest value conveyed bigelow virginia rather direct contribution interchange ideas see ante since factual claims contained commercial price product advertisements relate tangible goods services may tested empirically corrected reflect truth without manner jeopardizing free dissemination thought indeed elimination false deceptive claims serves promote one facet commercial price product advertising warrants first amendment protection contribution flow accurate reliable information relevant public private decisionmaking recent years soundness sweeping language chrestensen opinion repeatedly questioned see bigelow virginia lehman city shaker heights brennan dissenting pittsburgh press human relations douglas dissenting stewart dissenting dun bradstreet grove douglas dissenting denial certiorari police dept chicago mosley see hudgens nlrb erznoznik city jacksonville pell procunier grayned city rockford speech employer labor union organizer contains material misrepresentations fact appeals racial prejudice may form basis unfair labor practice warrant invalidation certification election see sewell mfg gypsum gummed products restrictions clearly violate first amendment guarantees applied political expression concerning election candidates public office see vanasco schwartz supp edny summarily aff sub nom schwartz postel restrictions designed promote antiseptic conditions labor relations context prohibition certain campaigning period preceding election constitutionally intolerable applied political arena compare peerless plywood mills alabama labor relations area governmental regulation expression employers justified part competing first amendment associational interests employees economic dependence employees employers see nlrb gissel packing nlrb virginia electric power gissel packing emphasized nlrb expertise determining whether statements employers tend mislead coerce employees nlrb armamentarium responding material misrepresentations deceptive tactics includes issuance orders securing restraining orders see observed cantwell connecticut persuade others point view pleader know times resorts exaggeration vilification men prominent church state even false statement people nation ordained light history spite probability excesses abuses liberties long view essential enlightened opinion right conduct part citizens democracy see developments law deceptive advertising harv rev information price product conveyed commercial advertisements may course stimulate thought debate political questions drug price information issue present case might well impact instance person views concerning price control issues government subsidy proposals special health care consumer protection tax legislation justice rehnquist dissenting logical consequences decision case decision elevates commercial intercourse seller hawking wares buyer seeking strike bargain plane previously reserved free marketplace ideas far reaching indeed opinion way open dissemination price information active promotion prescription drugs liquor cigarettes products use previously thought desirable discourage however promotion protected first amendment long misleading promote illegal product enterprise coming conclusion overruled legislative determination advertising allowed done behalf consumer group directly disadvantaged statute question effort reach result obviously considers desirable troublesome one two reasons extends standing raise first amendment claims beyond previous decisions also extends protection amendment purely commercial endeavors vigorous champions thought beyond pale find question appellees standing urge claim decides quite easy finds standing part consumer appellees based upon right receive information ante yet stipulated case challenged statute prohibit anyone receiving information either person phone ante statute forbids publish ing advertis ing promot ing prescription drugs may generally true publication information source essential effective communication surely less true potential recipients information words keen keener far interest day urgent political debate ante appellees felt strongly right receive information litigate issue lawsuit must also enough residual interest matter call pharmacy inquire statute addition forbids pharmacists publish price information prohibition consumer group appellees collecting publishing comparative price information various pharmacies area indeed done much briefs case yet though appellees receive publish information question finds standing protest pharmacists allowed advertise thus contrary assertion appellees asserting right receive information rather right third party publish cases relied upon ante plaintiffs asserted right receive information otherwise reasonably available seek assert right third party disseminate information group truly restricted statute pharmacists even troubled join litigation may well feel expense competition advertising interest ii thus issue merits phrases whether ur pharmacist may communicate fact sell prescription drug price pharmacist asserting claim communicate issue rather whether appellee consumers may override legislative determination pharmacists advertise even though pharmacists object deciding may necessarily adopts rule limited merely dissemination price alone possibly confined pharmacists must likewise extend lawyers doctors professions speaks consumer interest free flow commercial information particularly case poor sick aged goes observe society also may strong interest free flow commercial information ante one need disagree either statements order feel presumptively concern virginia legislature sits balance claims process making laws one attack speaks importance predominantly free enterprise economy intelligent decisions allocation resources ante much said observation matter desirable public policy certainly nothing constitution requires virginia legislature hew teachings adam smith legislative decisions regulating pharmacy profession nebbia new york olsen nebraska justice black writing observed ferguson skrupa doctrine due process authorizes courts hold laws unconstitutional believe legislature acted unwisely long since discarded returned original constitutional proposition courts substitute social economic beliefs judgment legislative bodies elected pass laws addresses valid justifications may found virginia statute apparently discounts feels embody highly paternalistic approach ante concludes first amendment requires channels advertising communication respect prescription drugs must opened virginia may keep public ignorance entirely lawful terms competing pharmacists offering ibid concedes legislatures may prohibit false misleading advertisements may likewise prohibit advertisements seeking induce transactions illegal final opinion tosses bone traditionalists legal medical professions suggesting sell services rather drugs holding case automatically applicable advertising professions sole limitation permissible state proscription advertising may false misleading surely difference pharmacists advertising lawyers doctors advertising one degree kind distinguish public right know price drugs right know price title searches physical examinations professional services standardized fees charged apparent pharmacists case less engaged regulatable profession opticians williamson supra impact decision existing commercial industrial practice limited allowing advertising professions comments labor disputes long settled employee employer protected first amendment express merits dispute order influence outcome ante first case cited support proposition nlrb gissel packing falls good deal short supporting general statement said employer free communicate employees general views unionism specific views particular union long communications contain threat reprisal force promise benefit carefully guarded language scarcely ringing endorsement even first amendment rights today created commercial speech hard see employer right publicize promise benefit may prohibited federal law long promise neither false deceptive pharmacists price advertising may prohibited virginia legislature yet result wholly inconsistent established labor law courts appeals national labor relations board hesitated set aside representation elections employer made statements undoubtedly truthful found implicitly coercive instance nlrb realist election set aside employer concededly manner raised specter plant closings result unionism oak mfg board set aside election employer stated categorically union obtain wage increase respect seniority said assure employees union program worse present system freeman mfg employer sent letters employees urged unionization might cause customers cease buying company product delays higher prices board found ground invalidating election presumably holdings require light today decision view toward allowing employer speech protected first amendment expanded decision undoubted difficulties effort draw bright line commercial speech one hand protected speech better face difficulties attempt hide labels case however unfortunately substituted wavering line previously thought exist commercial speech protected speech satisfactory line truthful commercial speech one hand false misleading difficulty line wavers contrary simply procrustean take account congeries factors believe quite consistently first fourteenth amendments properly influence legislative decision respect commercial advertising insists rule lays consistent even view first amendment primarily instrument enlighten public decisionmaking democracy ante understood view relate public decisionmaking political social public issues rather decision particular individual whether purchase one another kind shampoo undoubtedly arguable many people country regard choice shampoo important may elected local state national political office automatically bring information competing shampoos within protection first amendment one thing say line strictly ideological political commentaries kinds commentary difficult draw mere fact former may element commercialism strip first amendment protection see new york times sullivan another thing say line difficult draw stand end spectrum reject hand observation dedicated champion first amendment justice black protections amendment apply merchant goes door door selling pots breard city alexandria dissenting case hypothetical pharmacist may presumably advertise prices prescription drugs may attempt energetically promote sale long truthfully quite consistently virginia law requiring prescription drugs available physician pharmacist might run following representative advertisements local newspaper pain getting insist physician prescribe demerol pay little aspirin get lot relief ca shake flu get prescription tetracycline doctor today spend another sleepless night ask doctor prescribe seconal without delay congress state legislatures law sharply limited permissible dissemination information commodities potential harm resulting commodities even though thought sufficiently demonstrably harmful warrant outright prohibition sale current prohibitions television advertising liquor cigarettes prominent category apparently holding long advertisements deceptive may longer prohibited case presents fairly typical first amendment problem balancing interests individual free speech public welfare determinations embodied legislative enactment noted american communications assn douds egitimate attempts protect public remote possible effects noxious ideologies present excesses direct active conduct presumptively bad interfere manifestations restrain exercise first amendment rights contends ante case indistinguishable procunier kleindienst lamont cases possible parties obtain information procunier entailed traveling state prison kleindienst lamont traveling abroad obviously measures limit access information way requirement phone call trip corner drugstore