Virginia State Pharmacy Board V. Virginia Citizens Consumer Council - Stewart's Concurrence

Stewart's Concurrence

Justice Stewart wrote a concurrence explaining how the holding of this did not limit the states’ ability to restrict deceptive or false advertising. He cited various libel cases to demonstrate that while the press cannot be harshly restricted for fear that journalists may occasionally get their facts wrong, an advertiser is much more likely to know whether or not the material he was publishing was true. Thus, states should have greater latitude in regulating the content of advertisements for the veracity of their content. Even though commercial advertising and ideological expression are clearly different, advertisements which convey truthful information are worthy of First Amendment protection, and the elimination of deceptive claims serves to further the goal of the free flow of accurate and reliable information.