CTIA Says Supreme Court Should Decide if Governments May Compel Commercial Speech

The Supreme Court should clarify U.S. law on compelling commercial speech, CTIA said in a Tuesday reply brief in case 17-976, CTIA v. Berkeley, California. Defending its RF disclosure ordinance, the city argued it may compel truthful disclosure in commercial speech because it’s reasonably related to the FCC’s interest (see 1804020049). CTIA argued that the First Amendment precludes state and local governments from forcing retailers to convey a government message. “Berkeley’s response confirms the need for this Court to resolve the widespread confusion about the proper standard of scrutiny for laws compelling commercial entities to speak,” CTIA said. Circuit courts don’t agree, the wireless association said. “Thirty-three years is long enough for the issue to percolate.” The Supreme Court will consider whether to hear the case at a May 10 conference, said a docket notice Wednesday.