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CTIA – The Wireless Association v. City of Berkeley, California

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Petition for certiorari denied on December 9, 2019
Docket No. Op. Below Argument Opinion Vote Author Term
19-439 9th Cir. N/A N/A N/A N/A OT 2019

Issues: (1) Whether reduced scrutiny of compelled commercial speech under Zauderer v. Office of Disciplinary Counsel of Supreme Court of Ohio applies beyond the need to prevent consumer deception; and (2) whether, when Zauderer applies, 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.

DateProceedings and Orders (key to color coding)
Sep 30 2019Petition for a writ of certiorari filed. (Response due November 1, 2019)
Oct 03 2019Blanket Consent filed by Petitioner, CTIA – The Wireless Association®
Oct 04 2019Blanket Consent filed by Respondent, City of Berkeley, California, et al.
Oct 30 2019Brief amicus curiae of Pacific Legal Foundation filed.
Oct 31 2019Brief amici curiae of Institute for Justice and National Federation of Independent Business filed.
Oct 31 2019Brief amicus curiae of Association of National Advertisers, Inc. filed.
Nov 01 2019Brief amici curiae of Retail Litigation Center, Inc.,et al. filed.
Nov 01 2019Brief amicus curiae of Washington Legal Foundation filed.
Nov 01 2019Brief of respondents City of Berkeley, California, et al. in opposition filed.
Nov 01 2019Brief amicus curiae of The Cato Institute filed.
Nov 19 2019Reply of petitioner CTIA – The Wireless Association® filed.
Nov 20 2019DISTRIBUTED for Conference of 12/6/2019.
Dec 09 2019Petition DENIED.