[6] Data mining companies and pharmaceutical manufactures contended that the law violated their First Amendment rights and sought declaratory and injunctive relief against Vermont officials.

[C] Vermont's Attorney General appealed to the Supreme Court, which granted certiorari to resolve the contradiction of a ruling of the United States Court of Appeals for the First Circuit, which had upheld similar laws in New Hampshire and Maine, concluding that the laws regulated economic conduct, not commercial speech.

[D] Citing Cincinnati v. Discovery Network, Inc., the Court noted that these restrictions warranted heightened judicial scrutiny.

[F] The second and final finding of the Court was that Vermont did not meet its burden to justify its content-based law as consistent with the First Amendment.

[G] The Court rejected Vermont's claims that the law was necessary to protect medical privacy and achieve improved public healthcare.