Expressions Hair Design fought the law — and won, at least for now. The Supreme Court has weighed in on the New York statute prohibiting businesses from advertising a mark-up for credit-card fees and found that it did indeed regulate free speech. But does that mean the law is unconstitutional?
Not necessarily. The full opinion is below; note not only that the case is now remanded for consideration of the law’s constitutionality, but that the Court also suggests in a footnote that the law might have been found unconstitutional on other than free speech grounds if the argument had been raised earlier.