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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.17-976
Op. Below9th Cir.

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.

Proceedings & orders timeline

Jan 9, 2018
Petition for a writ of certiorari filed. (Response due February 8, 2018)
Jan 17, 2018
Blanket Consent filed by Petitioner, CTIA - The Wireless Association.
Jan 18, 2018
Blanket Consent filed by Respondents, City of Berkeley, et al..
Jan 19, 2018
Waiver of right of respondent City of Berkeley to respond filed.
Jan 24, 2018
DISTRIBUTED for Conference of 2/16/2018.
Jan 30, 2018
Response Requested. (Due March 1, 2018)
Jan 30, 2018
Brief amici curiae of The Cato Institute, Competitive Enterprise Institute, and Cause of Action Institute filed.
Feb 6, 2018
Brief amicus curiae of Pacific Legal Foundation filed.
Feb 8, 2018
Brief amici curiae of Retail Litigation Center, Inc., et al. filed.
Feb 8, 2018
Brief amicus curiae of The Rutherford Institute filed.
Feb 8, 2018
Brief amicus curiae of The National Association of Manufacturers filed.
Feb 22, 2018
Brief amicus curiae of Association of National Advertisers, Inc. filed.
Feb 23, 2018
Brief amicus curiae of Washington Legal Foundation filed.
Feb 23, 2018
Motion to extend the time to file a response from March 1, 2018 to March 31, 2018, submitted to The Clerk.
Feb 27, 2018
Motion to extend the time to file a response is granted and the time is extended to and including April 2, 2018.
Feb 27, 2018
Brief amici curiae of Institute for Justice and National Federation of Independent Business filed.
Apr 2, 2018
Brief of respondents City of Berkeley, et al. in opposition filed.
Apr 17, 2018
Reply of petitioner CTIA - The Wireless Association filed.
Apr 18, 2018
DISTRIBUTED for Conference of 5/10/2018.
Jun 27, 2018
DISTRIBUTED for Conference of 6/27/2018.
Jun 28, 2018
Petition 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, 2018
JUDGMENT ISSUED.

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