Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
Cert. Pending
Lower Court Opinion
Questions Presented
1. Whether Zauderer’s reduced scrutiny of compelled commercial speech applies beyond the need to prevent consumer deception.
2. When Zauderer applies, whether it is sufficient that the compelled speech be: (a) factually accurate— even if controversial and, when read as a whole, potentially misleading; and (b) merely reasonably related to any non-“trivial” governmental interest.
Case Updates
Cert. petition denied
December 09, 2019
U.S. Chamber files amicus brief urging Supreme Court to grant certiorari to clarify the proper legal standard for compelled commercial speech
November 01, 2019
Click here to view the coalition brief filed jointly by the U.S. Chamber, Retail Litigation Center, Inc., Business Roundtable, and National Association of Manufacturers. Adam G. Unikowsky of Jenner & Block LLP served as co-counsel for the coalition.
The U.S. Chamber previously filed an amicus brief in support of certiorari. The Supreme Court remanded to the Ninth Circuit in light of NIFLA v. Becerra, and the Ninth Circuit once again applied a relaxed legal standard to reject plaintiff’s First Amendment challenge.
Case Documents
- Cert. Petition -- CTIA-The Wireless Association v. City of Berkeley, California (U.S. Supreme Court).pdf
- Appendix -- CTIA-The Wireless Association v. City of Berkeley, California (U.S. Supreme Court).pdf
- U.S. Chamber et al. Amicus Brief -- CTIA-The Wireless Association v. City of Berkeley, California (U.S. Supreme Court).pdf