By B.N. Frank
In 2012, then Ohio congressman Dennis Kucinich introduced the federal “Cell Phone Right to Know” Act. It was endorsed by many health experts including the American Academy of Pediatrics but, unfortunately, it wasn’t passed. Regardless, for many years, Berkeley, CA residents pursued their own “Cell Phone Right to Know” ordinance. Despite telecom industry objections, the U.S. Supreme Court has ruled in favor of it. This is great news for other cities who would like to create their own ordinances as well.
WASHINGTON (Reuters) – The U.S. Supreme Court on Monday rejected a free speech challenge brought by a trade group against a regulation issued by the California city of Berkeley that requires cell phone retailers to tell customers of certain radiation risks.
The justices left in place a July 2019 decision by the San Francisco-based 9th U.S. Circuit Court of Appeals that refused to block the 2015 regulation that industry group CTIA appealed.
CTIA said the regulation violates the First Amendment to the U.S. Constitution, which protects free speech rights, because the government, without the necessary justification that supports other types of regulations, is forcing retailers to spread a message they disagree with.
The 2015 regulation requires retailers to provider a notice to customers saying that carrying a cell phone can exceed Federal Communications Commission guidelines for exposure to radio-frequency radiation.
“If you carry or use your phone in a pants or shirt pocket or tucked into a bra when the phone is ON and connected to a wireless network, you may exceed the federal guidelines,” the notice says.
CTIA disputed the content of the notice, saying it is misleading because the FCC has concluded that carrying a cell phone is safe.
Even though the FCC is not a health or environmental agency, they are in charge of protecting the public by regulating the telecom industry. Unfortunately, they have been protecting the telecom industry at the expense of the public since long before the Trump administration. The “Race for 5G” has made them much more dangerous. Despite warnings from various experts and increasing opposition – they continue forcing 5G installation (see 1, 2, 3, 4, 5) AND making taxpayers fund it (see 1, 2). Despite research proving harm from exposure, they refuse to update 20+ year old RF safety guidelines, limits, and testing. In fact, there is currently a smartphone class action lawsuit because 11 models exceed RF safely limits.
- Americans for Responsible Technology
- Center For Safer Wireless
- Electromagnetic Radiation Safety
- EMF Safety Network
- Environmental Health Trust
- Physicians for Safe Technology
- Scientists for Wired Tech
- Wireless Information Network
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