Retail Digital Network v. Ramona Prieto

I respectfully dissent. The key issue in this case is whether Actmedia Inc. v. Stroh, 830 F.2d 957 (9th Cir. 1986), is compatible with subsequent Supreme Court authority addressing commercial speech, culminating with Sorrell v. IMS Health, Inc., 564 U.S. 552, 131 S.Ct. 2653, 180 L.Ed.2d 544 (2011). Sorrell held that content-based restrictions on truthful, non-misleading commercial speech advertising legal goods and services require “heightened judicial scrutiny,” rather than traditional intermediate scrutiny under Central Hudson Gas & Electric Corp. v. Public Service Commission of New York,…