United States Ninth Circuit

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CITA - The Wireless Ass'n v. City of Berkeley, 16-15141

In an action seeking a preliminary injunction to stay enforcement of a City of Berkeley ordinance requiring cell phone retailers to inform prospective cell phone purchasers that carrying a cell phone in certain ways may cause them to exceed Federal Communications Commission guidelines for exposure to radio-frequency radiation, the district court's denial of the injunction is affirmed where: 1) the City's compelled disclosure of commercial speech complied with the First Amendment because the information in the disclosure was reasonably related to a substantial governmental interest and was purely factual; an 2) there was little likelihood of success on plaintiff's contention that the Berkeley ordinance was preempted.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/04/21




  • United States Ninth Circuit


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