Mobile industry loses its bid to stop Berkeley’s cellphone warning law
Enlarge / Berkeley, California, as seen in June 2013. (credit: Daniel Parks)
On Friday, a federal appeals court ruled in favor of the City of Berkeley, allowing the city to keep its law that requires radiation warning signs in all cellphone stores within the city limits.
The CTIA, the cellphone industry trade group, sued the city to stop the law from taking effect by asking a lower court to impose a preliminary injunction. The group argued that forcing retailers to display the warning (pictured below) constituted compelled speech, which violates the First Amendment. After the district court didn't impose the injunction, the CTIA appealed to the 9th US Circuit Court of Appeals.
The 9th Circuit concluded that Berkeley's disclosure "did no more than alert consumers" to FCC safety disclosures.
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