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VA. PHARMACY BD. v. VA. CONSUMER COUNCIL

No. 74-895.

425 U.S. 748 (1976)

VIRGINIA STATE BOARD OF PHARMACY ET AL. v. VIRGINIA CITIZENS CONSUMER COUNCIL, INC., ET AL.

Supreme Court of United States.

Decided May 24, 1976.

Attorney(s) appearing for the Case

Anthony F. Troy, Chief Deputy Attorney General of Virginia, argued the cause for appellants. With him on the brief were Andrew P. Miller, Attorney General, and D. Patrick Lacy, Jr., Deputy Attorney General.

Alan B. Morrison argued the cause and filed a brief for appellees.*

MR. JUSTICE BLACKMUN delivered the opinion of the Court.

The plaintiff-appellees in this case attack, as violative of the First and Fourteenth Amendments,1 that portion of § 54-524.35 of Va. Code Ann. (1974), which provides that a pharmacist licensed in Virginia is guilty of unprofessional conduct if he "(3) publishes, advertises or promotes, directly or indirectly, in any manner whatsoever...

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