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

Ordinarily, I do not file “dissentals,” particularly where there is an existing dissent. I am compelled to write here, however, because Judge Friedland’s dissent, which I agree with entirely, rests principally on the ground that the required disclosure is itself misleading, whereas I believe the panel majority applied the wrong legal standard. We should have taken this case en banc to clarify that Zauderer1 s rational basis standard applies only when the government compels speech to prevent consumer deception. See Zauderer v. Office of Disciplinary Counsel, 471 U.S. 626, 651, 105 S.Ct. 2265,…