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.

He said...

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!

TRY LAW360 FREE FOR SEVEN DAYS

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?
Beta
Ask a question!