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

Law360, Washington (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...

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