Supreme Court of the United States

Milavetz, Gallop & Milavetz, P. A. v. United States — Thomas, J., Concurring

March 8, 2010559 U.S. 229

Summary

Justice Thomas concurred in the judgment. He agrees 11 U.S.C. § 528’s advertising disclosure requirements survive First Amendment scrutiny under Zauderer, but he doubts Zauderer’s premise that disclosure requirements receive relaxed scrutiny compared to speech prohibitions. He concludes Milavetz’s challenge fails because no record evidence of its advertisements exists to guide review. Justice Scalia, concurring in part and concurring in the judgment, disagrees with the Court’s reliance on legislative history.