Today the Supreme Court granted certiorari in a First Amendment challenge to New York’s ban on credit card surcharges. The law allows merchants to charge different prices for cash and credit card purchases, but, according to the plaintiffs, it violates the First Amendment by prohibiting them from calling the extra charge for credit card purchases a “surcharge” — which the plaintiffs allege is a more effective way of encouraging the use of cash than describing the same arrangement as a cash “discount” (which is not prohibited).

Judge Rakoff had enjoined the law, but the Second Circuit reversed.

SCOTUSBlog has all the case documents here.

The Volokh Conspiracy has a post on the case here.

Our prior posts on the case are here.