Archive
1 postsLegal Strategy: Repealing the “Gag Clause” with the First, Fifth, and Tenth Amendments
This RF Safe article argues that Section 704(b) of the Telecommunications Act of 1996 (47 U.S.C. §332(c)(7)(B)(iv)) functions as a federal “gag clause” that prevents state and local governments from considering health or environmental effects of RF emissions when making wireless facility siting decisions, so long as FCC exposure limits are met. It contends this preemption suppresses public-health arguments in local hearings and court challenges and frames the provision as constitutionally problematic under the First, Fifth, and Tenth Amendments. The piece proposes a legal strategy centered on Fifth Amendment takings claims, analogizing RF exposure to other intangible intrusions (e.g., noise, smoke) discussed in past U.S. Supreme Court cases.