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U.S. Supreme Court,
Constitutional Law,
9th U.S. Circuit Court of Appeals

Jun. 29, 2018

9th Circuit must reconsider Berkeley commercial speech ordinance under new NIFLA precedent

Days after the U.S. Supreme Court announced California’s requirement that anti-abortion pregnancy clinics advertise that the state offers financial assistance in obtaining the procedure, the justices have instructed the 9th Circuit to reconsider a Berkeley city mandate requiring cellphone vendors to warn buyers of potential health risks associated with wireless devices under the new precedent.

9th Circuit must reconsider Berkeley commercial speech ordinance under new NIFLA precedent
Judge William A. Fletcher of the 9th U.S. Circuit Court of Appeals ruled in favor of a requirement by the city of Berkeley that wireless devices might have health risks. On Thursday, the appellate court was ordered to reconsider the case.

Days after the U.S. Supreme Court limited the power of state governments to compel speech objectionable to certain business owners, the justices instructed an appeals court to reconsider a closely watched commercial speech dispute testing the same governmental power under the First Amendment.

On Thursday, the justices returned to the 9th U.S. Circuit Court of Appeals a case challenging the city of Berkeley's ordinance requiring cellp...

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