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Legal Strategy: Repealing the “Gag Clause” with the First, Fifth, and Tenth Amendments

Policy RF Safe Nov 16, 2025

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.

Executive Summary

Independent Voices RF Safe Nov 15, 2025

RF Safe’s “Executive Summary” argues that non-thermal radiofrequency/microwave exposures from modern wireless technologies can disrupt biological processes, proposing ion-channel voltage-sensor interference as a key mechanism leading to oxidative stress and inflammation. It cites animal studies (NTP and Ramazzini) and claims a WHO-commissioned 2025 systematic review found “high certainty” evidence of increased cancer in animals, and it points to epidemiological trends as suggestive. The piece also criticizes U.S. regulation as focused on thermal effects, highlighting FCC limits dating to 1996 and referencing a 2021 U.S. court ruling that faulted the FCC for not addressing non-thermal evidence.

The Imperative for a Post-Thermal RF Paradigm

Independent Voices RF Safe Nov 15, 2025

RF Safe argues that current RF-EMF exposure standards are overly focused on thermal effects and should be replaced with a “post-thermal” regulatory paradigm that accounts for claimed non-thermal biological impacts. The piece cites a mix of mechanistic hypotheses, animal studies, epidemiology, and legal/policy developments (e.g., the 2021 D.C. Circuit EHT v. FCC decision) to support a precautionary reform agenda. It also asserts that recent WHO work in 2025 strengthens the case for tumor-related risks, though these characterizations are presented as the author’s interpretation rather than independently verified within the feed item.

Beyond Thermal Limits: The Fight for Safe Wireless in a Microwave World

Independent Voices RF Safe Nov 15, 2025

RF Safe argues that U.S. RF exposure limits remain based on avoiding short-term heating (“thermal-only”) effects and have not been meaningfully updated since the FCC’s 1996 guidelines. The piece links this regulatory approach to community concerns about cell towers near schools, citing reported cancer clusters and claiming that compliance with FCC limits may not equate to safety. It also highlights Telecommunications Act Section 704 as limiting local opposition to tower siting on health or environmental grounds.

The RF Radiation Safety Story

Independent Voices RF Safe Nov 14, 2025

This RF Safe article argues that U.S. radiofrequency (RF) exposure policy is outdated, emphasizing that FCC limits adopted in 1996 are based on preventing tissue heating and do not address alleged non-thermal biological effects. It claims responsibility for protecting public health from electronic product radiation was effectively ceded from health agencies to the FCC, and that Section 704 of the Telecommunications Act limits local governments from opposing wireless infrastructure on health grounds if FCC limits are met. The piece cites epidemiology, cell studies, and animal studies (notably the U.S. National Toxicology Program and the Ramazzini Institute) to argue that evidence has accumulated and regulation should be updated, but it presents these points in an advocacy framing rather than as a balanced review.

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