In Bigelow v. Virginia, the U.S. Supreme Court overturned a conviction against Jeffrey C. Bigelow, who was charged by the state of Virginia for advertising abortion services in New York - where it was legal - in his newspaper that circulated in Virginia where it wasn't at the time (1971). The court ruled 7-2 that this violated his First Amendment rights to free speech and press because he had not advocated or encouraged illegal action but merely advertised a service legally available elsewhere. This case marked an important shift towards protecting commercial speech under the First Amendment and also contributed to discussions surrounding reproductive rights leading up to Roe v Wade.

In the dissenting opinion for Bigelow v. Virginia, Justice Rehnquist argued that the majority's decision to overturn a conviction under a state law prohibiting advertisements for abortion services was incorrect. He contended that this case did not involve any infringement on freedom of speech as it pertained to commercial advertising and thus should not be protected by the First Amendment. The justice further asserted that states have an interest in regulating or even banning certain types of commercial speech, particularly those related to activities considered illegal within their borders - such as abortions were in Virginia at the time of advertisement publication. Therefore, he believed there was no constitutional violation involved with upholding Mr. Bigelow's conviction under existing state law.