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

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Petition granted, judgment vacated and case remanded for further consideration in light of National Institute of Family and Life Advocates v. Becerra on June 28, 2018.
Docket No. Op. Below Argument Opinion Vote Author Term
17-976 9th Cir. N/A N/A N/A N/A OT 2017

Issues: (1) Whether–when the Supreme Court held in Zauderer v. Office of Disciplinary Counsel of the Supreme Court of Ohio that an exception allowing for less rigorous review applies when the government seeks to combat misleading commercial speech by requiring (as an alternative to restricting speech) the disclosure of “purely factual and uncontroversial information” that is not “unduly burdensome” and is “reasonably related to the state’s interest in preventing deception of consumers”–this reduced standard of scrutiny of compelled commercial speech applies beyond the need to prevent consumer deception; and (2) whether, when the Zauderer standard applies, it is sufficient that the compelled speech be: factually accurate, even if controversial and, when read as a whole, potentially misleading; and merely reasonably related to any non-“trivial” governmental interest.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 09 2018Petition for a writ of certiorari filed. (Response due February 8, 2018)
Jan 17 2018Blanket Consent filed by Petitioner, CTIA - The Wireless Association.
Jan 18 2018Blanket Consent filed by Respondents, City of Berkeley, et al..
Jan 19 2018Waiver of right of respondent City of Berkeley to respond filed.
Jan 24 2018DISTRIBUTED for Conference of 2/16/2018.
Jan 30 2018Response Requested. (Due March 1, 2018)
Jan 30 2018Brief amici curiae of The Cato Institute, Competitive Enterprise Institute, and Cause of Action Institute filed.
Feb 06 2018Brief amicus curiae of Pacific Legal Foundation filed.
Feb 08 2018Brief amici curiae of Retail Litigation Center, Inc., et al. filed.
Feb 08 2018Brief amicus curiae of The Rutherford Institute filed.
Feb 08 2018Brief amicus curiae of The National Association of Manufacturers filed.
Feb 22 2018Brief amicus curiae of Association of National Advertisers, Inc. filed.
Feb 23 2018Motion to extend the time to file a response from March 1, 2018 to March 31, 2018, submitted to The Clerk.
Feb 23 2018Brief amicus curiae of Washington Legal Foundation filed.
Feb 27 2018Motion to extend the time to file a response is granted and the time is extended to and including April 2, 2018.
Feb 27 2018Brief amici curiae of Institute for Justice and National Federation of Independent Business filed.
Apr 02 2018Brief of respondents City of Berkeley, et al. in opposition filed.
Apr 17 2018Reply of petitioner CTIA - The Wireless Association filed.
Apr 18 2018DISTRIBUTED for Conference of 5/10/2018.
Jun 27 2018DISTRIBUTED for Conference of 6/27/2018.
Jun 28 2018Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of National Institute of Family and Life Advocates v. Becerra, 585 U. S. ____ (2018).
Jul 30 2018JUDGMENT ISSUED.