HOT TOPIC: New Ruling From the Eleventh Circuit Court of Appeals acainternational.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from acainternational.org Daily Mail and Mail on Sunday newspapers.
On April 1, 2021, the Supreme Court released its highly anticipated and unanimous decision in
Facebook v. Duguid, resolving a long-standing circuit split on the definition of an automatic telephone dialing system (ATDS or autodialer) under the Telephone Consumer Protection Act (TCPA). Reversing the Ninth Circuit, the Court concluded that merely having the capacity to store numbers and dial them automatically is not enough to make a device qualify as an ATDS. Although this new clarity regarding the definition of an autodialer will help entities ensure compliance with the TCPA, it does not signify an end to TCPA policies or litigation.
The ATDS Debate and How We Got Here
On April 1, 2021, the Supreme Court issued its highly anticipated decision in Facebook v. Duguid, resolving a long-standing circuit split on the definition of an automatic telephone.
Our digital rights are only as strong as our power to enforce them. But when we sue government officials for violating our digital rights, they often get away with it because of a dangerous legal doctrine called “qualified immunity.”
Do you think you have a First Amendment right to use your cell phone to record on-duty police officers, or to use your social media account to criticize politicians? Do you think you have a Fourth Amendment right to privacy in the content of your personal emails? Courts often protect these rights. But some judges invoke qualified immunity to avoid affirmatively recognizing them, or if they do recognize them, to avoid holding government officials accountable for violating them.
Tenth Circuit Grants Qualified Immunity to Police Who Knowingly Violated the First Amendment cato.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from cato.org Daily Mail and Mail on Sunday newspapers.