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Constitutional Law,
9th U.S. Circuit Court of Appeals

Jul. 28, 2017

9th Circuit has chance to vindicate First Amendment

Does it violate the First Amendment for the state of California to force merchants who charge more to customers paying with credit cards to refer to that price difference as a “cash discount” rather than a “credit-card surcharge”? The 9th Circuit will consider this on August 17.

Mark Chenoweth

General Counsel and Executive Director
New Civil Liberties Alliance

Email: mark.chenoweth@NCLA.legal

See more...

Does it violate the First Amendment for the state of California to force merchants who charge more to customers paying with credit cards to refer to that price difference as a "cash discount" rather than a "credit-card surcharge"? This question awaits resolution by the 9th U.S. Circuit Court of Appeals on Aug. 17, when the court will -- finally -- hear oral argument in Italian Colors Restaurant v. Becerra (15-15873). It should be an easy ca...

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