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This Judge Figures Using the Misleading Recycling Symbol is Probably Free Speech
['Joseph Winters', 'Kate Yoder', 'Yale Environment', 'Nate Halverson', 'Kiera Butler', 'Laura C. Morel', 'Alex Nguyen', 'Sophie Hurwitz', 'Petra Stock', 'Marianne Szegedy-Maszak']
Mother Jones
A pioneering California law meant to sharply limit use of the familiar “chasing arrows” recycling symbol has been blocked by a federal judge who said it probably violates the First Amendment.
Hayes’ constitutional reasoning surprised supporters of SB 343 because similar arguments against environmental marketing regulations have historically struggled in court.
In his decision, Hayes applied a standard four-part test to determine whether SB 343 would unduly restrict companies’ speech rights.
For instance, the state could have passed a law requiring more descriptive qualifiers alongside the recycling symbol.
Such a label would provide consumers with more and better information, he argued, but would not be allowed under SB 343.