Originally published by David Coale.
Rowell v. Pettijohn confronted the surprisingly subtle question of whether a Texas statute, which proscribes surcharges by merchants for credit-card purchases, violates the First Amendment. The panel majority concluded that it did not, as “prices, although necessarily communicated through language, do not rank as ‘speech’ within the meaning of the First Amendment.” A dissent saw matters differently: “[T]he Texas law does not regulate the difference between prices . . . . All that it regulates is what merchants can tell customers about their prices.” Other circuits have also reached different conclusions about similar statutes in other states. No. 15-50168 (March 2, 2016).
from Texas Bar Today http://ift.tt/1TPMU6G
via Abogado Aly Website