Calif. AG Tells 9th Circ. Phone Warning Rule Merits Leeway

By Bryan Koenig (April 26, 2016, 3:47 PM EDT) -- California's attorney general urged the Ninth Circuit Monday to side with the city of Berkeley against a trade group's challenge of a radiation warning requirement for cellphone retailers, arguing governments are entitled to First Amendment leeway when mandating commercial disclosures.

Attorney General Kamala D. Harris' amicus brief supporting Berkeley against CTIA — The Wireless Association warned against holding governments to a higher level of First Amendment free speech protection scrutiny when they are simply mandating disclosure, although it took no stance on the ordinance itself.

"Subjecting mandated commercial disclosures to heightened scrutiny would upend First Amendment jurisprudence and would invite challenges...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!