Case Detail

CTIA—The Wireless Association v. City of Berkeley
On June 28, 2018, the U.S. Supreme Court “GVR’d” a certiorari petition that challenged a Berkeley, California ordinance that requires all cell-phone retailers to post notices suggesting that normal cell phone usage is dangerous. The Court granted the petition, vacated the lower-court decision upholding the ordinance, and remanded the case for reconsideration in light of an earlier High Court decision that significantly expanded commercial speech rights. The Court’s action was a victory for WLF, which filed a brief urging the Court to grant the petition. WLF’s brief argued that requiring retailers to post the controversial warning violates their First Amendment rights not to be compelled to convey the government’s message. The mandated notice purports to provide instructions for “safe” use of cell phones. It states that carrying a cell phone adjacent to one’s body (as in a pocket)—the manner in which most users carry their phones—exposes one to very high levels of “radiation.”
Case Status:
Victory; review granted. WLF will file another brief, when the case returns to the appeals court, urging that the Berkeley ordinance be held unconstitutional.
More Information and Downloads:
2/23/2018: Download the Brief

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