Berkeley Cellphone Law Violates Free Speech, 9th Circ. Told
Law360, San Francisco (September 13, 2016, 5:38 PM EDT) -- A cellphone trade group urged the Ninth Circuit during oral arguments Tuesday to block the city of Berkeley’s ordinance requiring cellphone retailers to warn customers about possible radio signal dangers, saying the rule violates First Amendment protections by requiring companies to voice the city’s opinion, not proven facts.
CTIA-The Wireless Association attorney Theodore B. Olson said Berkeley’s ordinance, which recommends consumers refrain from carrying their phones close to their bodies to avoid “exceed[ing] the federal guidelines for exposure to RF radiation,” was misleading, and violated companies’ First Amendment rights by forcing retailers to provide customers with the city’s opinion.
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