On July 6, 2020, the United States Supreme Court rendered an opinion on Political Consultants v. American People which was a case designed to allow for unlimited robocalling to mobile devices, especially communications of a political nature…
In a victory for “We the People,” who are tired of constant interruptions on our mobile devices, the ban on robocalls to mobile devices stands. Not that it means much to the miscreants, fraudsters, and spammers operating outside our country and those who look at FCC/FTC fines as just another cost of doing business. Insulating an organization’s assets from seizure with a byzantine arrangement of corporate entities and trusts. Even previously permissible robocalls to collect federal debts are disallowed.
The court’s had six justices agreeing that an exemption for debt collection was impermissible as a “content-based restriction,” with seven justices agreed that the remedy was to sever the offending restriction and keeping the general restriction against robocalls to mobile devices intact. However, two justices, Gorsuch and Thomas, thought the entire robocall ban should have been struck down.
“As a result, plaintiffs still may not make political robocalls to cell phones, but their speech is now treated equally with debt-collection speech. The judgment of the U. S. Court of Appeals for the Fourth Circuit is affirmed.”
Like good liberals who want to keep and expand federal power, Justices Breyer, Ginsburg, and Kagan dissented, saying they thought the government had justified special treatment for federal debt collectors.
For those wish to read the Court’s opinion, it can be found at its <Source.>
Look for Congress to create a new law allowing unlimited political robocalls in the future. For the 2020 election, look for robocalls from campaigns and PACs which will leave the political arena shortly after the campaign.
Of course, objectional texts will still arrive.
WILLIAM P. BARR, ATTORNEY GENERAL;
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.
We are so screwed, but not today.
“Nullius in verba.”-- take nobody's word for it!
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“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius “A people that elect corrupt politicians, imposters, thieves, and traitors are not victims... but accomplices” -- George Orwell