The Supreme Court today will hear a challenge from political consultants seeking to overturn a ban on robocalls to cell phones
especially in the era of coronavirus, is getting its day before the Supreme Court: Barr v. American Association of Political Consultants. The political consultants’ challenge hopes to overturn a ban on robocalls to cellphones, implemented by the Telephone Consumer Protection Act, which was enacted in 1991. Arguments will be held at 11 a.m.; you canthat was carved into the law in 2015, which allows calls made to collect on a debt owed to or backed by the federal government.
“Does it mean we have to sever just the clause that says the government debt exemption applies to calling cell phones, or do you strike the whole cell phone provision such that this portion of TCPA no longer applies to calling cell phones?”it found that the debt-collector carveout violated the First Amendment, but that it erred when severing the exception rather than striking the whole ban: “It would have the effect of prohibiting more speech, rather than less, which is an odd outcome,” Penn...
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