National Retail Federation v. James

On January 13, 2026, WLF urged the Second Circuit to reverse a district court decision upholding a New York law imposing a large and ominous disclaimer on targeted ads promoting a product at a price set by a computer program. As WLF’s brief makes clear, that law violates the First Amendment. In holding otherwise, the lower court applied the wrong standard of review and ignored that New York failed to show that such ads posed any public harm.