Supreme Court Remands CTIA v. Berkeley to 9th Circuit

The Supreme Court sent CTIA's complaint against a California city back to the 9th U.S. Circuit Court of Appeals to reflect on the high court’s Tuesday decision about crisis pregnancy centers. The high court vacated and remanded the appeals court’s decision upholding an RF disclosure ordinance in Berkeley, California, “for further consideration in light of National Institute of Family and Life Advocates v. Becerra,” said a Thursday notice in case 17-976. In that decision, the Supreme Court ruled that a 2015 California state law requiring crisis pregnancy centers to disclose all available medical options to pregnant women violated free speech claims. In the RF disclosure case, Berkeley argued it may compel truthful disclosure in commercial speech because it’s reasonably related to the FCC’s interest, while CTIA said the First Amendment precludes state and local governments from forcing retailers to convey a government message (see 1804180014). Remand to the 9th Circuit pleased CTIA, a spokesperson said. "We will continue to assert our position that the First Amendment prohibits state and local governments from forcing retailers to convey the government’s message, particularly where that message is misleading, contrary to science, and contrary to the retailers’ own views." Berkeley didn’t comment.