Facebook’s Lawyers Just Filed a Characteristically Fantastic SCOTUS Brief–But the Real Story is the Government’s Position on ATDS

As I just reported, the U.S. Government has filed a critical brief in the big Facebook Supreme Court challenge as to the scope of the TCPA’s ATDS definition that steals all of Facebook’s thunder. Just, all of it.

And its too bad because Facebook’s brief is also truly outstanding. But I can’t bring myself to break it down because again… all of the thunder. Stolen.

Here’s the brief. It is a worthy read:

Facebook Brief

Oh, and on behalf of all TCPA defendants–and all sane and normal Americans (are there any left?)– a quick round of applause to Facebook and its counsel for fighting this good fight and for having the guts to take it all the way. Lose or (almost certainly now) win.  We all know its not easy to keep up a fight like this– the higher the exposure the colder the feet. But you did it. You stayed the course. And you deserve the accolades for it. So from Zuck on down, I say unto you:



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