Sorrell v. Ims Health Inc. — Breyer, J., Dissenting

Summary

Justice Breyer, dissenting, argues that the Vermont statute regulating the sale and use of prescriber-identifiable information does not violate the First Amendment. He contends the law should be reviewed under rational basis or intermediate scrutiny for commercial speech, not heightened scrutiny, as it is part of a traditional regulatory regime. Breyer concludes the statute survives Central Hudson analysis and warns the majority's approach risks returning to the Lochner era.