THE DAY AFTER THE FOURTH OF JULY (2020)
OPUS UNITED: PROFITING OFF RACISM -- BLACKS SELLING BLACKS TO CORPORATE AMERICA?

WILL THE SUPREME COURT ALLOW AN AVALANCE OF ROBOCALLS FOR THE 2020 ELECTION CYCLE?

robocalls

It appears that the so-called conservative Supreme Court Justice John Roberts is more concerned with the reputation of the Court and how the media perceive it than he is in following the “textual interpretation” of the Constitution.

Before the Supreme Court is a case known as Barr v. American Association of Political Consultants, but in reality, it should be known as the Political Consultants v. American People. The question before the Court is a simple one, the politicians, namely the Democrats, want unrestricted access to your mobile devices to send unlimited robocalls and text messages without restriction.

Since calling a landline for political purposes is permitted by law, the political consultants who generate much of the robocall traffic argue that the permission should be extended to mobile devices, which are rapidly replacing landlines. The first step in accomplishing this is to remove the existing law by declaring that the government debt exception violates the First Amendment. Thus preparing the stage to see the Court strike down the entire law. 

Because the telecommunications companies profit from increased phone and text traffic, look for their lobbyists to support the demise of this law.

WILLIAM P. BARR, ATTORNEY GENERAL;
FEDERAL COMMUNICATIONS COMMISSION,
PETITIONERS
v.
AMERICAN ASSOCIATION OF POLITICAL
CONSULTANTS, INC., ET AL.


QUESTION PRESENTED

The Telephone Consumer Protection Act of 1991 generally prohibits the use of any “automatic telephone dialing system or an artificial or prerecorded voice” to “make any call” to “any telephone number assigned to a cellular telephone service.” The TCPA excepts from that automated call restriction any “call made for emergency purposes or made with the prior express consent of the called party.”

In 2015, Congress amended the TCPA to create an additional exception for calls “made solely to collect a debt owed to or guaranteed by the United States.” 

Respondents wish to use an automatic telephone dialing system or an artificial or prerecorded voice to make calls to the cell phones of potential or registered voters to solicit political donations and to advise on political and governmental issues. 

The Court of appeals held that the government debt exception to the TCPA’s automated-call restriction violates the First Amendment. The Court further held that the proper remedy was to sever the government debt exception, leaving the basic automated-call restriction in place.

The question presented is as follows: Whether the government-debt exception to the TCPA’s automated-call restriction violates the First Amendment, and whether the proper remedy for any constitutional violation is to sever the exception from the remainder of the statute.

STOP-ROBOCALLSBottom line…

It remains to be seen what the Supreme Court does, but look for bi-partisan Congressional legislation from these self-serving politicians to enable such calls. 

You would think that Congress would pass a law that compels a communications carrier to compare the actual originating number with the number being displayed and sanctioning those who spoof telephone numbers, especially those who use “local area codes and prefixes” to trick you into answering the phone.

We are so screwed.

-- steve


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