On September 23, 2019, the U.S. Court of Appeals for the Second Circuit denied Vugo, Inc’s petition for rehearing or rehearing en banc. The decision was a setback for WLF, which filed a brief highly critical of a New York City ordinance banning all advertising in private ride-share vehicles (but not in city taxi cabs). It its brief urging rehearing or reharing en banc, WLF addressed the panel’s erroneous reading of the Supreme Court’s landmark decision in Sorrell v. IMS Health, which mandates scrutiny stricter than intermediate scrutiny for all content- and speaker-based restrictions on truthful commercial speech. WLF will monitor the case for a likely petition for certiorari to the U.S. Supreme Court.


WLF amicus brief