Brown v. University of New York

Rhodes, J. (dissenting).

The fundamental question here presented is whether rule 8, governing dental advertising, promulgated by the Board of Regents, is a valid exercise of power conferred.

It is argued that the Legislature did not intend that all advertising should be prohibited, because by section 1311 of the Education Law it has enacted certain rules for the violation of which the license and registration of a practitioner of dentistry may be revoked. A portion of that section authorizes such revocation where it appears that the dentist is guilty of untrue, fraudulent or misleading…