Ctia - the Wireless Ass'n v. City of Berkeley

W. FLETCHER and CHRISTEN, Circuit Judges,

concurring in the denial of the petition for rehearing en banc:

Our opinion largely speaks for itself. We held under Zauderer v. Office of Disciplinary Counsel, 471 U.S. 626, 105 S.Ct. 2265, 85 L.Ed.2d 652 (1985), that the City of Berkeley may compel “purely factual and uncontroversial” speech by a retailer at the point of sale. Our dissenting colleague would read Zauderer narrowly to permit compelled commercial speech only when it prevents consumer deception.

Four of our sister circuits have read Zauderer broadly to permit compelled commercial speech…