Ctia - the Wireless Ass'n v. City of Berkeley
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Dissent by Judge FRIEDLAND
OPINION
W. FLETCHER, Circuit Judge:
A City of Berkeley ordinance requires cell phone retailers to inform prospective cell phone purchasers that carrying a cell phone in certain ways may cause them to exceed Federal Communications Commission guidelines for exposure to radio-frequency radiation. CTIA, a trade association formerly known as Cellular Telephone Industries Association, challenges the ordinance on two grounds. First, it argues that the ordinance violates the First Amendment. Second, it argues that the ordinance is preempted.
CTIA requested a preliminary…
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