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Jan. 18, 2017
Free speech question to be reheard en banc at 9th Circuit
Heightened judicial scrutiny of content- or speaker-based commercial speech restrictions would help ensure that such restrictions address existing problems, provide meaningful solutions and remain narrowly drawn. By Paul D. Fogel and Justin E. McGuirk
Paul D. Fogel
Judge (retired)
Reed Smith LLP
Appellate Law
101 2nd St Ste 1800
San Francisco , CA 94105
Phone: (415) 659-5929
Fax: (415) 391-8269
Email: pfogel@reedsmith.com
UCLA SOL; Los Angeles CA
Paul D. Fogel is a partner in Reed Smith LLP's Appellate Group, and served as the group's leader from 2012 to 2015
Are courts required to take a more rigorous approach when scrutinizing content- or speaker-based restrictions on nonmisleading commercial speech about lawful goods or services? That is one question the 9th U.S. Circuit Court of Appeals will address this year when it rehears en banc Retail Digital Network, LLC v. Appelsmith, 810 F.3d 638 (9th Cir. 2016). The case presents compelling reasons why heig...
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