Myers

This case calls into question the constitutionality of a California statute (herein “the statute”) authorizing the State of California Department of Health Services (herein “California” or “the State”) to revoke or suspend the license of any clinical laboratory which advertises “clinical laboratory procedures to the lay public in magazines, newspapers, directories, circulars, signs, etc. * * * »

For the reasons hereinafter stated, the Court holds that the statute offends the Free Speech Clause of the First Amendment and grants judgment, including injunctive and declaratory relief, in favor of the plaintiff, Metpath, Inc. (“Metpath”) and against the State in accordance with this Opinion, which shall constitute the Court’s findings of fact and conclusions of law. Fed.R.Civ.P. 52(a).

I.

Metpath is a clinical laboratory company incorporated under the laws of New York and having its principal place of business in New Jersey. Its business consists of performing clinical laboratory tests in the health care field on written requests from duly licensed physicians. It is licensed to do business in many states, including California. Recently, it inaugurated a national advertising…