Moving Forward: Supreme Court Says TCPA Constitutionality Merits Oral Argument–Date in May to be Set Shortly

Good morning TCPAWorld and happy Monday.

Quick update here.

You might recall that SCOTUS recently abandoned its April oral argument calendar, noting that some cases–but not all–might be re-scheduled for argument at a later date.

Well the big TCPA challenge–which I’ve described as potentially the most important of Chief Justice Roberts’ tenure given its implications for free speech in this nation–has made the cut. Oral argument will be set sometime in early May, depending on the availability of counsel.

Here’s the full release:

For Immediate Release For Further Information Contact:
April 13, 2020 Kathleen Arberg (202) 479-3211

The Court will hear oral arguments by telephone conference on May 4, 5, 6, 11, 12 and 13 in a limited number of previously postponed cases.  The following cases will be assigned argument dates after the Clerk’s Office has confirmed the availability of counsel:

18-9526, McGirt v. Oklahoma
19-46, United States Patent and Trademark Office v. B.V.
19-177, Agency for International Development v. Alliance for Open Society International, Inc.
19-267, Our Lady of Guadalupe School v. Morrissey-Berru, and 19-348, St. James School v. Biel
19-431, Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, and 19-454, Trump v. Pennsylvania
19-465, Chiafalo v. Washington
19-518, Colorado Department of State v. Baca
19-631, Barr v. American Association of Political Consultants, Inc.
19-635, Trump v. Vance
19-715, Trump v. Mazars USA, LLP, and 19-760, Trump v. Deutsche Bank AG

In keeping with public health guidance in response to COVID-19, the Justices and counsel will all participate remotely. The Court anticipates providing a live audio feed of these arguments to news media. Details will be shared as they become available.

The Court Building remains open for official business, but most Court personnel are teleworking. The Court Building remains closed to the public until further notice.


1 Comment

  1. Has there ever been any argument based on Citizens United v. FEC? I have yet to see one. My understanding is that the Supreme Court found that corporations have more rights to free speech than initially thought to have had.

    “The majority ruled that the Freedom of the Press clause of the First Amendment protects associations of individuals in addition to individual speakers, and further that the First Amendment does not allow prohibitions of speech based on the identity of the speaker. Corporations, as associations of individuals, therefore have free speech rights under the First Amendment.”

    Wouldnt that make the TCPA null and void based on the fact its limiting free speech and on the fact that it has a clause that states whats considered acceptable speech and not acceptable speech?

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