The lone dissenter, Rehnquist, thought that the majority’s
four-part test did not give the government enough power to regulate
commercial speech, and that the test gave commercial speech virtually
the same kind of protection as non-commercial speech. He believed
that the regulation here was an economic regulation, not restraint
on free speech. Thus, he deferred to the legislature, in contrast to
what he viewed as the majority’s resurrection of the discredited
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