Friedman v. Rogers

Friedman et al. v. Rogers et al.
Supreme Court of the United States
Argued November 8, 1978 Decided February 21, 1979
Full case name	Dr. N. Jay ROGERS, Plaintiff, W. J. Dickinson, Individually and as President of the Texas Senior Citizens Association, Port Arthur, Texas Chapter, Intervenor, v. Dr. E. Richard FRIEDMAN, Dr. John B. Bowen, Dr. Hugh A. Sticksel, Jr., Dr. John W. Davis, Dr. Sal Mora, Defendants, Texas Optometric Association, Inc., Intervenor.
Docket no.	77-1163
Citations	440 U.S. 1 (more)
Argument	Oral argument
Opinion announcement	Opinion announcement
Case history
Prior	438 F. Supp. 428
Holding
A Texas law prohibiting the use of a trade name within the practice of optometry and which requires that members of the State optometry board be members of a professional optometry organization is constitutional.
Court membership
Chief Justice Warren E. Burger Associate Justices William J. Brennan Jr. · Potter Stewart Byron White · Thurgood Marshall Harry Blackmun · Lewis F. Powell Jr. William Rehnquist · John P. Stevens
Case opinions
Majority	Powell, joined by Burger, Brennan, Stewart, White, Rehnquist, Stevens, Marshall, Blackmun
Concur/dissent	Blackmun, joined by Marshall
Laws applied
I Amendment, X Amendment

Friedman et al. v. Rogers et al., 440 U.S. 1 (1979) was a Supreme Court case in which the Court held that a Texas law, the Texas Optometry Act, which prohibited optometrists from using trade names for commercial purposes and which requires that 4/6 of the members of the Texas Optometry Board be members of the Texas Optometric Association is constitutional. In its decision the Supreme Court overruled the United States District Court for the Eastern District of Texas's ruling in that prohibition against trade name was an unnecessary and unjustified stifling of First Amendment Commercial speech. The decision further upheld a State's Tenth Amendment right to control and regulate their professional licensing boards and organizations.