The decision further upheld a State's Tenth Amendment right to control and regulate their professional licensing boards and organizations.

Rogers' complaint arose both the fact the Texas Optometry Act required 4/6 of the board members to be part of the Texas Optometric Association, which Rogers couldn't join due to his commercial affiliations, and that it prohibited the practice of optometry under a trade name[1][2]

[3] In its memorandum opinion,[3] the Court affirmed the part of the statute which required board members to be a part of the Texas Optometric Association, however it did side with Rogers in that the prohibition of using trade names was a violation of proper commercial speech protected by the First Amendment.

His argument is summed up by his stating that, "This inescapable conclusion is one of profound importance in the measure of the First Amendment rights that are asserted here.

"Justice Blackmun's opinion in essence said the majority was over exaggerating any potential "deception" caused by the use of trade names, and that the Court had essentially silenced the lawful dissemination of information and advertising.