Well folks, our coverage of the HUGE SCOTUS review of the TCPA continues today. Of course we famously live blogged the oral argument earlier this month, then followed up with definitive analysis and an incredible round-table podcast breaking it down (including analysis from one of Supreme Court Justice Ginsburg’s former law clerk’s- Ben Beaton, co-head of SPB’s Appellate Team.) And now we have EXPERT analysis from Constitutional Law Professor Garret Epps of the University of Baltimore.
Well aren’t we just the gift that keeps on giving.
Professor Garret Epps, Univ. Baltimore Constitutional Law Professor
Now, Professor Epps isn’t just any old cont. law professor, he’s the guy who wrote this absolutely incredible piece in the Atlantic analyzing the impact of the SCOTUS TCPA review on our First Amendment rights. This thing is a must read–and really proves, once and for all, that I’m not actually the best writer in the world, whatever I may think on certain days.
This guy is a true historian–on the podcast he breaks down the history of the Supreme Court’s review of content-specific statutes and explains why the Barr v. AAPC case is part of a logical progression toward applying heightened scrutiny to enactments that curtail commercial speech. Indeed he explains why this challenge came along at just the right time in the Court’s history. Translation: there really is a chance the TCPA is going away.
You’re going to love this guys wit and warmth. He is ultra-quick, charming and has a voice and cadence that recalls Vin Scully. I could literally listen to this guy read from a phone book and be entranced–so you’re going to love listening to him break down the Constitutional doctrines at play here with funny anecdotes and illustrations along the way.
Before we get to the excellent interview, we break down several key TCPA developments, including:
- The big reveal that Rash Curtis could have avoided that crippling judgment had they but tried to settle the case at mediation;
- The status of the TRACED Act implementation by the FCC and the BIG new powers the FCC now wields;
- TheULTRA important new Robocall bill in California that could become the nationwide-norm if the TCPA is struck down by SCOTUS;
- And the breakdown of the HUGE Eleventh Circuit ruling in Medley holding that contractual TCPA consent cannot be revoked.
As always folks we hope you will find this edition of Unprecedented both entertaining and informative.
As a reminder, our next edition will include an interview with TCPA class action juggernaut Anthony Paronich. You can’t miss that one.
Plus, news of a VERY exciting guest is on the horizon. TRUST ME, you’ll want to watch out for it.