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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.

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This RF Safe article argues that U.S. radiofrequency (RF) exposure policy is outdated, emphasizing that FCC limits adopted in 1996 are based on preventing tissue heating and do not address alleged non-thermal biological effects.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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