Virginia Pharmacy (1976): This case, almost 35 years after Valentine, abandoned the traditional view and held that even “purely commercial” speech is entitled to First Am. protection. In this case, a Virginia statute prohibited pharmacists from advertising the price of prescription drugs. Thus, insofar as a licensed pharmacist may dispense prescription drugs in VA, he cannot commercially advertise the price of his prescription drugs. Ps (a group of prescription drug consumers) attacked the statute on First Am. grounds, claiming they would benefit if the prohibition were lifted. Apparently, drug prices varied greatly from pharmacy to pharmacy in the same locality. Does the First Am. protect purely commercial speech?
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