Mobile industry loses its bid to stop Berkeley’s cellphone warning law

Enlarge / Berkeley, California, as seen in June 2013. (credit: Daniel Parks)

On Friday, a federal appeals court ruled in favor of the City of Berkeley, allowing the city to keep its law that requires radiation warning signs in all cellphone stores within the city limits.

The CTIA, the cellphone industry trade group, sued the city to stop the law from taking effect. It argued that forcing retailers to display the warning (pictured below) constituted compelled speech, which violates the First Amendment.

(credit: Rebecca Farivar)

The 9th US Circuit Court of Appeals concluded the following:

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