Thrifty Payless, Inc. v. NLRB

Oral argument

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Source: CourtListener oral-argument corpus (CC0).

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• ruling that protecting dissemination of private information \does not necessarily rise to the level of a substantial state interest under Central Hudson \
• holding that the FCC’s 1998 CPNI regulations that required opt-in approval by customers impacted a carrier’s commercial speech interests
• noting that the government had presented “no evidence” showing that the harm to either of its two asserted interests “is real”
• noting that the government had presented \no evidence\ showing that the harm to either of its two asserted interests \is real\
• holding the FCC had failed its burden of demonstrating that the harms it recited were real and that the restriction' would in fact alleviate those harms to a material degree where the government simply pointed to conjecture to justify the restrictions
• examining the speaker’s ultimate use of data— there, for marketing—in determining the First Amendment interests that attached to the speech

Source: CourtListener parenthetical corpus (CC0).