We cure that constitutional violation by invalidating the 2015 government-debt exception and severing it from the remainder of the statute. Sanford • Moreover, the Chamber contends that some plaintiffs go to extreme lengths to capitalize on TCPA lawsuits by obtaining multiple phone numbers or engaging other tactics to increase the likelihood of receiving a TCPA-prohibited call. The problem with that approach, which reflexively applies strict scrutiny to all content-based speech distinctions, is that it is divorced from First Amendment values. The following timeline details key events in this case: 1. The American Association of Political Consultants, Inc. challenged this third provision of the Act, alleging that it violates the Free Speech Clause of the First Amendment by imposing a content-based restriction on speech. Id. J. Lamar • at 28. But the harm, as I have explained, is related not to public efforts to develop ideas or transmit them to the Government, but to the Government's response to those efforts, which here takes the form of highly regulated commercial communications. Thus, the Government argues, the content of many such calls will be irrelevant to determining whether the TCPA prohibits the calls, making the government-debt exception a content-neutral one. Brief of Amicus Curiae Chamber of Commerce, in Support of Respondent at 16–17. Clark • Brief for Respondents at 35. at 18. ... With a First Amendment violation proven, the question turns to remedy. Paterson • Powell • Brewer • Rutledge • Id. This case asks the Supreme Court to decide whether the TCPA’s unsolicited-cellphone-call ban and its government-debt exception are valid under the First Amendment. , Justice Stephen Breyer filed an opinion concurring in the judgment with respect to severability and dissenting in part, joined by Justices Ruth Bader Ginsburg and Elena Kagan. 19-631, holding that the Telephone Consumer… A federal statute forbids, with some exceptions, making automatically dialed or prerecorded telephone calls (called robocalls) to cell phones. W. Rutledge • Id. Catron • May 7, 2020 Michael P. Daly and Deanna J. Hayes Automatic Telephone Dialing System, Debt Collection, Exemptions, First Amendment, Strict Scrutiny, Supreme Court. Supreme Court cases, October term 2019-2020. if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; Chief justice: Roberts EPIC further contends that with evolving technology and readily available mass-dialing and auto-dialing technology, the number of robocalls is likely to increase in the future. Day • , Justice Brett Kavanaugh delivered the opinion of the court, in which Chief Justice John Roberts and Justice Samuel Alito joined, and in which Justice Clarence Thomas joined as to Parts I and II. Taft • Moore • The other two standards are intermediate scrutiny and rational basis review. Brief of Amicus Curiae Midland Credit Management (“MCM”), in Support of Respondent at 24. at 20–22. at 33. This is the traditional remedy for proven violations of legal rights likely to work irreparable injury in the future. Moreover, there is an important justification for that harm, and the exception is narrowly tailored to further that goal. BARR, ATTORNEY GENERAL, et al. : This article has not yet received a rating on the importance scale. I would examine the validity of the regulation at issue here using a First Amendment standard that (unlike strict scrutiny) does not strongly presume that a regulation that affects speech is unconstitutional. Id. AAPC further stipulates that even if intermediate scrutiny applied, the cellphone-call restriction still fails. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT . Burton • AAPC contends that the cellphone-call restriction is content-based because even government-debt collectors may not discuss, for example, loan consolidation and forgiveness—the only permissible topic is “collection.” Id. Still fails key events in this case primarily involves commercial regulation–namely, debt collection ;. 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