Board of Trustees of the State University of New York v. Fox
492 U.S. 469 · Decided June 29, 1989 · Supreme Court of the United States
Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.
At a glance
Board of Trustees of the State University of New York v. Fox was decided on June 29, 1989 by a vote of 6–3. The Court reversed the lower court's decision and remanded the case. Justice Antonin Scalia wrote the opinion of the Court. SCDB classifies its main issue as “Commercial speech, excluding attorneys” in the First Amendment area.
Read the opinion
Case details
- Citations
- 492 U.S. 469 · 109 S. Ct. 3028 · 106 L. Ed. 2d 388 · 1989 U.S. LEXIS 3289
- Docket number
- 87-2013
- Decided
- June 29, 1989
- Argued
- February 22, 1989
- Court era
- Rehnquist Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Reversed and remanded
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 6–3
- Majority opinion
- Antonin Scalia
- Opinion assigned by
- William H. Rehnquist
- How the case arrived
- Certiorari
- Issue (SCDB)
- Commercial speech, excluding attorneys
- Issue area
- First Amendment
- Legal provision
- First Amendment (speech, press, and assembly)
- Type of law
- Constitutional amendment
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William J. Brennan Jr. | Dissent | |
| Justice Byron R. White | Majority | |
| Justice Thurgood Marshall | Dissent | |
| Justice Harry A. Blackmun | Dissent | Wrote an opinion |
| Chief Justice William H. Rehnquist | Majority | |
| Justice John Paul Stevens | Majority | |
| Justice Sandra Day O'Connor | Majority | |
| Justice Antonin Scalia | Majority | Wrote an opinion |
| Justice Anthony M. Kennedy | Majority |
Full case caption
Board of Trustees of the State University of New York et al. v. Fox et al.
SCDB identifiers: case 1988-149, docket 1988-149-01.
Related decisions
Other cases on “Commercial speech, excluding attorneys”
- Posadas de Puerto Rico Associates v. Tourism Company of Puerto Rico
- Pacific Gas & Electric Co. v. Public Utilities Commission of CaliforniaLaw held unconstitutional
- City of Cincinnati v. Discovery Network, Inc.Law held unconstitutional
- Fred H. Edenfield v. Scott FaneLaw held unconstitutional
- United States and Federal Communications Commission v. Edge Broadcasting Company T/a Power 94
- Robert E. Rubin v. Coors Brewing CompanyLaw held unconstitutional
Cases on the same legal provision: First Amendment (speech, press, and assembly)
- Ward v. Rock Against Racism
- Texas v. JohnsonLaw held unconstitutional
- The Florida Star v. B. J. F.Law held unconstitutional
- Massachusetts v. Oakes
- Thornburgh v. AbbottAltered precedent
- Eu v. San Francisco County Democratic Central CommitteeLaw held unconstitutional
Same Term, same area (First Amendment)
- Carlucci v. Doe
- Texas Monthly, Inc. v. BullockLaw held unconstitutional
- Fort Wayne Books, Inc. v. Indiana
- Eu v. San Francisco County Democratic Central CommitteeLaw held unconstitutional
- Frazee v. Illinois Department of Employment Security
- City of Dallas v. Stanglin
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error