n industry group represented by Washington, D.C., attorney Theodore Olson claims the warning is misleading and violates the free speech rights of retailers by forcing them to provide a message they don’t agree with.
Berkeley, represented by Harvard law professor Lawrence Lessig, contends the message is factually accurate and gives consumers information they need to make a choice about how to use their cellphones.
The three judges of the 9th U.S. Circuit Court of Appeals did not say how they will rule and will issue a written ruling at a later date.