Strauss v. University of New York

Halpern, J. (concurring in part and dissenting in part).

My approach to this case is somewhat different from that of Justice Bebgan. I start with the premise that the rule-making power of the Board of Regents with respect to advertising by optometrists is a very restricted one. Its rules in that area may only reflect and articulate the existing standards of the profession. The board may not forbid a type of advertising which is not condemned by accepted professional standards, even though it believes it to be objectionable. This limitation upon the board’s rule-making power results from the…