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

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. Argument Opinion Vote Author Term
17-976 N/A N/A N/A N/A OT 2017

Issue: (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)
01/09/2018Petition for a writ of certiorari filed. (Response due February 8, 2018)
01/17/2018Blanket Consent filed by Petitioner, CTIA - The Wireless Association.
01/18/2018Blanket Consent filed by Respondents, City of Berkeley, et al..
01/19/2018Waiver of right of respondent City of Berkeley to respond filed.
01/24/2018DISTRIBUTED for Conference of 2/16/2018.
01/30/2018Response Requested. (Due March 1, 2018)
01/30/2018Brief amici curiae of The Cato Institute, Competitive Enterprise Institute, and Cause of Action Institute filed.
02/06/2018Brief amicus curiae of Pacific Legal Foundation filed.
02/08/2018Brief amici curiae of Retail Litigation Center, Inc., et al. filed.
02/08/2018Brief amicus curiae of The Rutherford Institute filed.
02/08/2018Brief amicus curiae of The National Association of Manufacturers filed.
02/22/2018Brief amicus curiae of Association of National Advertisers, Inc. filed.
02/23/2018Motion to extend the time to file a response from March 1, 2018 to March 31, 2018, submitted to The Clerk.
02/23/2018Brief amicus curiae of Washington Legal Foundation filed.
02/27/2018Motion to extend the time to file a response is granted and the time is extended to and including April 2, 2018.
02/27/2018Brief amici curiae of Institute for Justice and National Federation of Independent Business filed.
04/02/2018Brief of respondents City of Berkeley, et al. in opposition filed.
04/17/2018Reply of petitioner CTIA - The Wireless Association filed.
04/18/2018DISTRIBUTED for Conference of 5/10/2018.
06/27/2018DISTRIBUTED for Conference of 6/27/2018.
06/28/2018Petition 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).
07/30/2018JUDGMENT ISSUED.