CTIA—The Wireless Association v. City of Berkeley
- Case Date: 2/23/2018
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On February 23, 2018, WLF filed a brief in the U.S. Supreme Court, urging it to review (and ultimately strike down) a Berkeley ordinance that requires all cell-phone retailers to post notices suggesting that normal cell phone usage is dangerous. WLF argued that requiring retailers to post the warning violates their First Amendment rights not to be compelled to convey the government’s message. The warning is particularly controversial because it directly contradicts the FCC’s conclusion that cell phone usage is safe. WLF’s brief argued that laws compelling speech by commercial entities ought to be subject to the same exacting First Amendment standards that are applied to restrictions on commercial speech. WLF asserted that although the government is entitled to compel businesses to attach “disclaimers” to their ads to reduce the possibility that consumers will misinterpret them, courts should closely scrutinize compelled speech when (as here) it is not designed to alleviate confusion.
More Information and Downloads:
2/23/2018: Download the Brief