Expressions Hair Design v. Schneiderman, 581 U.S. ___ (2017), was a United States Supreme Court decision that held that price controls, when used to prohibit the communication of prices of goods with regards to a surcharge, was a regulation of speech and required an analysis of the First Amendment's protections for freedom of speech.
In a five-Justice majority, Chief Justice John Roberts, joined by Associate Justices Kennedy, Thomas, Ginsburg, and Kagan, wrote that, "In regulating the communication of prices rather than prices themselves," the law in question "regulates speech.
In regards to the former option—charging the customer a surcharge—the New York Legislature enacted a law, §518, which banned this practice, in that, "[n]o seller in any sales transaction may impose a surcharge on a holder who elects to use a credit card in lieu of payment by cash, check, or similar means.
[7] Roberts authored the opinion of the Court, joined by Kennedy, Thomas, Ginsburg and Kagan.
The "complexity" of the case, she argues, could have been avoided had the lower courts decided to interpret the law.