U.S. Supreme Court,
Constitutional Law,
9th U.S. Circuit Court of Appeals
Jun. 2, 2017
Courts diverge on commercial speech
Recent U.S. Supreme Court decisions have granted ever-increasing First Amendment protection to commercial speakers. The 9th Circuit, however, seems to be moving in the opposite direction.
Richard A. Samp
Senior Litigation Counsel
New Civil Liberties Alliance
2009 Massachusetts Ave., NW
Washington , DC 20036
Throughout his 40-year career in private law practice in Washington, Richard has specialized in appellate litigation with a focus on constitutional law. He served as chief counsel of the Washington Legal Foundation for more than 30 years.
Recent U.S. Supreme Court decisions have granted ever-increasing First Amendment protection to commercial speakers. The 9th U.S. Circuit Court of Appeals, however, seems to be moving in the opposite direction. A case in point is its April decision in CTIA - The Wireless Assoc. v. City of Berkeley, 2017 DJDAR 3870 (April 21, 2017), in which a divided three-judge panel significantly cut back on the right of businesses to resist being compelled to utter speech they find objectionable...
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