(United States Ninth Circuit) - In an action seeking a preliminary injunction to stay enforcement of a City of Berkeley ordinance requiring cell phone retailers to inform prospective cell phone purchasers that carrying a cell phone in certain ways may cause them to exceed Federal Communications Commission guidelines for exposure to radio-frequency radiation, the district court's denial of the injunction is affirmed where: 1) the City's compelled disclosure of commercial speech complied with the First Amendment because the information in the disclosure was reasonably related to a substantial governmental interest and was purely factual; an 2) there was minute likelihood of success on plaintiff's contention that the Berkeley ordinance was preempted.
Source: findlaw.com