A divided Ninth Circuit on Tuesday again declined to stop enforcement of an ordinance in Berkeley, California, that requires cellphone retailers to warn consumers about radiation risks, finding the city's interest in furthering public health and safety was significant enough to justify the ordinance.
The Ninth Circuit on Friday declined to halt enforcement of a Berkeley, California, ordinance that requires cellphone retailers to warn consumers about radiation risks, saying the law withstands First Amendment scrutiny since it's related to a substantial government interest of protecting consumers' health and safety.
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.
The city of Berkeley, California, has gone on the offensive against CTIA-The Wireless Association in the trade group’s Ninth Circuit challenge to a cellphone radio frequency warning ordinance, saying the association raised late arguments involving federal requirements that Berkeley says are nevertheless “flatly contradicted by its numerous earlier statements.”
The Ninth Circuit refused on Thursday to block CTIA-The Wireless Association from arguing that the Federal Communications Commission doesn't actually require radio frequency disclosures, as the trade group challenges the city of Berkeley, California's cellphone warning ordinance.
The City of Berkeley, California, has told the Ninth Circuit that an argument by CTIA-The Wireless Association that the Federal Communications Commission does not require radio frequency disclosures is blatantly false, as the organization challenges the city's attempt to require cellphone retailers to include a radiation warning with all sales.
CTIA — The Wireless Association has blasted the city of Berkeley, California's defense of a radiation warning requirement for cellphone retailers, telling the Ninth Circuit that the U.S. Federal Communications Commission and scientific community have already rejected the theory that how one holds the device could be dangerous.
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.
Berkeley, California, urged the Ninth Circuit on Monday to allow an ordinance mandating that cellphone retailers include a radiation warning with all sales, saying a trade group's challenge to the law misapplied the First Amendment to severely limit government's regulatory powers.
CTIA-The Wireless Association implored the Ninth Circuit on Monday to stop Berkeley, California, from implementing an ordinance that requires a radiation warning statement with all new cellphones, saying phone retailers will be harmed by delivering a message they don't believe.