Well folks, it just doesn’t get any more important than this.
The first ever appellate decision analyzing whether a discriminatory statute impacting speech can be applied in a discriminatory manner following an “equal treatment” First Amendment determination is set to be handed down in Lindenbaum
As ACLU attorney David Carey explained to Unprecedented today if the statutes like the TCPA can be applied in a discriminatory manner than free speech can be blocked as favored speakers are free to violate a restriction and disfavored speakers are unconstitutionally silenced.
This has HUGE implications for society at large and really threatens to make a nullity of the First Amendment protections we all hold so dear.
And, of course, the TCPA is right at the center of this existential battle over the fate of the First Amendment.
Because courts have shown time and again they are willing to throw out First Amendment protections when it comes to battling the robocall epidemic.
With these considerations in mind the ACLU has joined the critical fight to protect the First Amendment from robocall-induced erosion and submitted a BRILLIANT amicus brief in the critical Lindenbaum appeal, that you can read here.
We break down all of this with David, and hear from University of Michigan, 3L Jonah Rosenbaum about his impressive and critical assistance on the brief that helps highlight why the battle over Creasy is really a battle to protect our civil rights more broadly.
You will not want to miss this HUGE interview, which will drop next week right here.
To get you ready for the big interview, feel free to peruse my commentary on the First Amendment dimensions of the TCPA over the years, and my extremely-well read article on the dire impact of AAPC on the First Amendment landscape.