Id. Butler • We have typically called this approach “intermediate scrutiny,” though we have sometimes referred to it as an assessment of "fit," sometimes called it "proportionality," and sometimes just applied it without using a label. In any event, AAPC argues, the statute is still constitutionally infirm because it effects a content-based ban on speech in that it prohibits speech based on the “message a speaker conveys.” Id. We cure that constitutional violation by invalidating the 2015 government-debt exception and severing it from the remainder of the statute. Clark • in district court. Id. Id. Id. The First Amendment is not concerned with unequal treatment, AAPC maintains, but abridgment of speech rights, and therefore, “levelling up” remedies such that the exception applies to no one are inappropriate. 19-631 | 4th Cir. Is the Telephone Consumer Protection Act’s (TCPA) government-debt exception to the unsolicited-cellphone-call ban a content-based restriction on speech triggering strict scrutiny under the First Amendment; and, if the exception is unconstitutional is the remedy to sever it from the remainder of the TCPA? Id. [8], Justice Neil Gorsuch filed an opinion concurring in the judgment in part and dissenting in part, joined by Justice Clarence Thomas. T. Johnson • Educational seminar: Preview of Barr v. American Association of Political Consultants (Katie Bart) Argument preview: Justices take on First Amendment challenge to robocall law (Amanda Shanor) Court sets cases for May telephone arguments, will make live audio available (Amy Howe) Court releases April calendar (Amy Howe) Justices grant three new cases (Amy Howe) Petitions of the … supreme court of the united states in the supreme court of the united states william p. barr, attorney general, ) et al., ) petitioners, ) violated the free speech clause of the First Amendment. Id. Strict scrutiny is often used by courts when a plaintiff sues the government for discrimination. Id. disputes, lawsuits, and recounts, Six Members of the Court today conclude that Congress has impermissibly favored debt-collection speech over political and other speech, in violation of the First Amendment. The Court’s decision raises concerns about consumers’ privacy interests, the government’s ability to collect debt, and increasing litigation costs. The Chamber asserts that businesses will be forced to settle such lawsuits due to the massive number of claimants and the potential for millions of dollars in losses. [4], Justice Stephen Breyer filed an opinion concurring in the judgment with respect to severability and dissenting in part, joined by Justices Ruth Bader Ginsburg and Elena Kagan.[4]. Facebook, Inc. agrees, adding that under certain interpretations of the TCPA, consumers could be liable for ordinary iPhone text messages and phone calls. Because AAPC is challenging the ban, not its exception, the Government’s fiscal interests in enacting the exception are irrelevant, AAPC argues. the district court's grant of summary judgmentRefers to a judgment granted on a claim about which there is no genuine issue of fact and to which the party moving for judgment prevails as a matter of law. Associate justices: Alito • Am. For example, MCM points to the TCPA’s “Do-Not-Call Provisions” and other related provisions that restrict telemarketing calls and penalize telemarketers $500 per call. at 21–22. Moore • The other two standards are intermediate scrutiny and rational basis review. Goldberg • Cf. at 34. Brief of Amicus Curiae Midland Credit Management (“MCM”), in Support of Respondent at 24. W. Johnson, Jr. • But this “harm” is hardly comparable to the problems associated with using severability doctrine: Having to tolerate unwanted speech imposes no cognizable constitutional injury on anyone; it is life under the First Amendment, which is almost always invoked to protect speech some would rather not hear. May 6, 2020 Barr, Attorney General v. American Association of Political Consultants, Inc Oral Argument Grier • The U.S. Attorney General William Barr and the FCC petitioned to the Supreme Court, which granted certiorari on January 10, 2020. In 1991, Congress enacted the Telephone Consumer Protection Act (“TCPA”) aimed at protecting Americans from unsolicited, intrusive phone calls. The district court granted summary judgment to the government, finding unpersuasive the free speech argument. The judgment of the U.S. Court of Appeals for the Fourth Circuit is affirmed. American Association of Political Consultants. Id. This case asks the Supreme Court to decide whether the TCPA’s unsolicited-cellphone-call ban and its government-debt exception are valid under the First Amendment. AAPC responds that the Government’s focus on severability is misguided because the overall cellphone-call ban is unconstitutional. Refers to a judgment granted on a claim about which there is no genuine issue of fact and to which the party moving for judgment prevails as a matter of law. United … The statute fails strict scrutiny because the government offers no compelling justification for its prohibition against the plaintiffs’ political speech. Id. The Court’s decision raises concerns about the potential impact on the government’s efforts in protecting consumer privacy and in helping borrowers avoid default on debts owed to or guaranteed by the federal government. Moody • No. In May 2016, the American Association of Political Consultants, Inc. and others (together “the plaintiffs”), filed suit against the United States Attorney General Loretta Lynch, and the Federal Communication Commission (together “the defendants”) before the District Court for the Eastern District of North Carolina (the “District Court”). Gray • EPIC further contends that with evolving technology and readily available mass-dialing and auto-dialing technology, the number of robocalls is likely to increase in the future. In doing so, Congress favored debt-collection speech over plaintiffs’ political speech. Id. The upshot is that the government-debt exception, taken in context, inflicts some speech-related harm. Id. Ginsburg • Id. Day • Id. We hold that the 2015 government-debt exception added an unconstitutional exception to the law. The other two standards are intermediate scrutiny and rational basis review.". Apri… In her concurring opinion, Sotomayor wrote: Nevertheless, I agree that the offending provision is severable. Id. AAPC refutes that severability is the appropriate remedy because the whole ban is an unconstitutional restriction on speech. 19–631. May 7, 2020 Michael P. Daly and Deanna J. Hayes Automatic Telephone Dialing System, Debt Collection, Exemptions, First Amendment, Strict Scrutiny, Supreme Court. I agree with Justice Kavanaugh that the provision of the Telephone Consumer Protection Act before us violates the First Amendment. (3) Hence, the exception is subject to “strict scrutiny.” Ante, at 9. Cf. Campbell • Ward v. Rock Against Racism, 491 U.S. 781 797–799, and n. 6 (1989) (explaining that outside of strict scrutiny review, narrow tailoring does not require the use of least-restrictive means analysis). Strict scrutiny is the highest standard of review which a court will use to evaluate the constitutionality of governmental discrimination. According to Politico, the government petitioners, U.S. Attorney General William Barr and the Federal Communications Commission, “argued that the court erred in throwing out the debt collector exception but would ask for severability even if its argument is turned aside.” at 26–27. Id. Thus, the Government argues, the content of many such calls will be irrelevant to determining whether the TCPA prohibits the calls, making the government-debt exception a content-neutral one. Therefore, MCM contends that the TCPA places excessive burdens and costs on businesses through its ever-expanding litigations. at 28. Hunt • The Government claims that hundreds of billions of dollars of delinquent debt owed to the United States remains uncollected. Id. See United States v. Alvarez, 567 U.S. 709, 730–731 (2012) (Breyer, J., concurring in judgment); Reed, 576 U.S., at 179 (Breyer, J., concurring in judgment). at 12, 16, 17. Brief for Respondents at 35. Therefore, the SLSA contends that the TCPA’s government-debt exception is crucially important as it was estimated to save the federal government $120 million over ten years. 47 U.S.C. The petitionerA party petitioning an appellate court to consider its case. The SLSA contends that having live, in-person conversations over the phone is an important avenue for the government to collect such debt. Barr v. American Association of Political Consultants Inc. A case in which the Court held that a provision of the Telephone Consumer Protection Act of 1991 creating an exception to the prohibition on automated calls for government debt collection calls violates the First Amendment but is severable from the remainder of the statute. Byrnes • To return a case or claim to a lower court for additional proceedings. External Relations: Alison Prange • Sara Key • Kari Berger Curtis • L. Lamar • United States Court of Appeals for the 4th Circuit, https://ballotpedia.org/wiki/index.php?title=Barr_v._American_Association_of_Political_Consultants_Inc.&oldid=8110850, SCOTUS majority opinions, Brett Kavanaugh, SCOTUS dissenting opinions, Stephen Breyer, Ballotpedia's Daily Presidential News Briefing, Submit a photo, survey, video, conversation, or bio, Tracking election Although the content-based government-debt exception is evidence of improper justification, AAPC argues, severing the evidence of impropriety from the statute does nothing to remedy the speech restriction prohibited by the First Amendment. Id. As an example, the Government posits that an automated call consisting of the content “please promptly submit this month’s payment” would be permissible if payment were on a government debt, but impermissible on a private debt. Id. Brief for MCM at 15–16. Burton • Id. (2) The exception is based on “content.” Ante, at 7. Id. White • Sanford • But several groups have recently challenged the constitutionality of an exemption to the autodialer ban that Congress passed in 2015. Holmes • To void, cancel, nullify, or invalidate a verdict or judgment of a court. at 35. The Chamber of Commerce (the “Chamber”), in support of AAPC, counters that the TCPA causes extensive litigation and imposes unnecessary costs on the courts and businesses. SLSA explains that protecting the government’s ability to timely and efficiently collect federal-government debt is essential to maintain government services and programs. Burdens and costs on businesses through its ever-expanding litigations as to that question, I respectfully concur in judgment. Its prohibition against the plaintiffs ' motion for summary judgment and granted summary and. 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