On November 11, 2023, the Ninth Circuit affirmed a trial court decision permanently enjoining the State of California from requiring a safety warning under the State’s controversial Proposition 65 regime. The decision was a victory for WLF, which filed an amicus brief in the case. As WLF’s amicus brief explained, California has no valid interest under the First Amendment in compelling false, misleading, and highly controversial speech. The Ninth Circuit agreed. California’s proposed warning, the court held, “requires plaintiffs to convey a controversial, fiercely contested message that they fundamentally disagree with.” And because California “had less burdensome ways to convey its message than to compel plaintiffs to convey it,” any Prop 65 warning for glyphosate would be unconstitutional.
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