Find Court Cases > Virginia Pharmacy Bd. v. Virginia Consumer Council

Virginia Pharmacy Bd. v. Virginia Consumer Council

Case Date: 11/11/1975
Docket No: none

Facts of the Case 

Acting on behalf of prescription drug consumers, the Virginia Citizens Consumer Council challenged a Virginia statute that declared it unprofessional conduct for licensed pharmacists to advertise their prescription drug prices. On appeal from an adverse ruling by a three-judge District Court panel, the Supreme Court granted the Virginia State Board of Pharmacy review.

Question 

Is a statutory ban on advertising prescription drug prices by licensed pharmacists a violation of "commercial speech" under the First Amendment?

Argument Virginia Pharmacy Bd. v. Virginia Consumer Council - Oral Argument, Part argument  Download MP3Virginia Pharmacy Bd. v. Virginia Consumer Council - Oral ArgumentFull Transcript Text  Download MP3Virginia Pharmacy Bd. v. Virginia Consumer Council - Opinion Announcement  Download MP3 Conclusion  Decision: 7 votes for Virginia Consumer Council, 1 vote(s) against Legal provision: Amendment 1: Speech, Press, and Assembly

Yes. In a 7-to-1 opinion, the Court held that the First Amendment protects willing speakers and willing listeners equally. The Court noted that in cases of commercial speech, such as price advertising, freedom of speech protections apply just as they would to noncommercial speech. Even speech that is sold for profit, or involves financial solicitations, is protected. The Court concluded that although the Virginia State Board of Pharmacy has a legitimate interest in preserving professionalism among its members, it may not do so at the expense of public knowledge about lawful competitive pricing terms.