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.
College of Law
Northern Illinois University Law Review
Biggott, Michael R.
"The Constitutional Guarantee of Freedom to Surcharge: Brandishing the First Amendment to Strike Down Surcharge Bans,"
Northern Illinois University Law Review: Vol. 39:
1, Article 3.
Michael R. Biggott, Note, The Constitutional Guarantee of Freedom to Surcharge: Brandishing the First Amendment to Strike Down Surcharge Bans, 39 N. Ill. U. L. Rev. 170 (2018).