Thompson v. Western States Medical Center, 535 U.S. 357, 34 (2002)

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390

THOMPSON v. WESTERN STATES MEDICAL CENTER

Breyer, J., dissenting

get "competitively priced compounded drugs as efficiently as possble").

Regardless, we here consider a facial attack on the statute. The respondents here focus their attack almost entirely upon consumer-directed advertising. They have not fully addressed separate questions involving the effect of advertising restrictions on information received by physicians. I would consequently leave these questions in abeyance. Considering the statute only insofar as it applies to advertising directed at consumers, I would hold it constitutional.

For these reasons, I dissent.

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