Sanity 1, San Francisco 0

The Rutherford Institute reports that San Francisco has lost another round in its fight against science:

A federal appeals court has ruled that the City of San Francisco may not enforce an ordinance requiring wireless telephone retailers to warn customers of disputed health risks from using cell phones, concluding that such compelled speech is inconsistent with the First Amendment.

A lower court had previously concluded that the San Francisco ordinance was based on junk-science, as the SF Chronicle reported last year:

The warnings convey the "untrue and misleading" impression that "cell phones are dangerous and that they have somehow escaped the regulatory process," said U.S. District Judge William Alsup.

In fact, he said, all cell phones sold in the United States must meet safety standards set by the Federal Communications Commission, which has not found that the devices emit dangerous levels of radiation. [Emph. added]

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