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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’...
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Case Information

Case Title

CTIA - The Wireless Ass'n v. City of Berkeley, et al

Case Number



Appellate - 9th Circuit

Nature of Suit

3440 Other Civil Rights

Date Filed

February 1, 2016

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