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Whatever Happened to Creasy Anyway?: Here’s An Update on the Lopsided Status of the Ongoing Constitutional Challenges to the TCPA

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Not long ago you’ll recall we had the ACLU on the podcast to discuss their effort to defend the First Amendment in an ongoing TCPA challenge in the Sixth Circuit Court of Appeals.

The battle stems from the Supreme Court’s ruling in AAPC that determined the TCPA was unconstitutionally content-specific (i.e. it banned some speech and allowed other speech based upon content). For some reason the Courts think its ok to still enforce the TCPA—even though it was unconstitutional—against folks who were discriminated against (read: censored) back when the TCPA was content specific.

Ironically at least one court is also enforcing the statute against a party whose speech was legal at the time it was made—i.e. a speaker whose speech was specifically allowed—because it would be wrong to harm others who weren’t allowed to speak at the time.

So summing up: People who weren’t allowed to speak before—still not allowed to speak after AAPC. People who were allowed to speak—suddenly not allowed to speak after AAPC.

So, no one can speak.

Got it. Totally what the First Amendment says.

Anyhoo, here is a scoreboard of the rulings for and against the TCPA being enforceable back when it was unconstitutional.

Cases Finding TCPA Unconstitutional As Applied to Calls Made Between November, 2015 and July, 2020

Cases Finding TCPA Constitutional As Applied to Calls Made Between November, 2015 and July, 2020

There are probably some other ones, but this is a pretty good list. Happy weekend TCPAWorld.

 

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