The Constitutional Guarantee of Freedom to Surcharge: Brandishing the First Amendment to Strike Down Surcharge Bans
Biggott, Michael R.
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In what might be described as a modern-day David and Goliath, merchants in the United States find themselves pitted against both credit card companies and state legislatures in a battle over the ability to impose surcharges on purchases made with credit cards. Rather than a sling and a few smooth stones like the noble David in the biblical account of one of the most famous underdog stories ever told, merchants are wielding something far more powerful: the First Amendment to the United States Constitution.