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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 Friday, May 7, 2021
ACLU on the podcast to discuss their effort to defend the
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
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In the aftermath of
Barr v. American Association of Political Consultants, Inc. the Supreme Court decision from July that held the TCPA’s government-debt exception to be an unconstitutional content-based restriction on speech the country’s district courts cannot agree on whether they may adjudicate TCPA claims alleging conduct that transpired during the life of the exception (
i.e., during the period from November 2, 2015 to July 6, 2020). Click here to see our collection of posts on this issue, which we have been following closely.
Recently, the Northern District of Florida weighed in on the issue, concluding that it
did have subject-matter jurisdiction over TCPA conduct that, according to the complaint, occurred between October 2019 and February 2020. In the case,