The brief argued that, as a content-based speech regulation that forces private actors to discourage the use of their own products, the ordinance is subject to strict scrutiny—and does not survive. In addition, the brief explained that the ordinance also fails under lesser forms of First Amendment scrutiny.
Bert W. Rein, Megan L. Brown, and Jeremy J. Broggi of Wiley Rein LLP served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.