CTIA Seeks Supreme Court Review of Berkeley RF Ordinance

CTIA welcomed amicus briefs as it seeks Supreme Court review of the 9th Circuit U.S. Court of Appeals decision upholding an RF disclosure ordinance in Berkeley, California. The association petitioned Jan. 9 for writ of certiorari and gave blanket consent Wednesday to amicus briefs. The ordinance requires retailers to inform prospective cellphone buyers that carrying their devices in certain ways can cause exposure to RF radiation exceeding federal limits (see 1710120021). “It is important that the Supreme Court make clear that the First Amendment prohibits state and local governments from forcing retailers to convey the government’s message, particularly where the government’s message is misleading, contrary to science, and contrary to the retailers’ own views,” a CTIA spokeswoman said. Berkeley opposed Supreme Court review. "We do not believe there are any substantial questions decided by the 9th Circuit that conflict with the law elsewhere in the nation," said Harvard law professor Lawrence Lessig, representing the city.