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AGs Fight for No Call Act

 

Kansas Attorney General Derek Schmidt along with a bipartisan coalition of 32 other state attorneys general, filed a brief in the U.S. Supreme Court arguing that the ban on robocalls in the federal Telephone Consumer Protection Act and a narrow exemption within the statute constitute a valid, content-neutral regulation of free speech under the First Amendment. The case comes before the Supreme Court after a ruling by the U.S. Court of Appeals for the 4th Circuit striking down a narrow TCPA exemption for calls to collect debt backed by the federal government as an impermissible content-based discrimination under the First Amendment, while leaving in place the remainder of the law.

 

The respondents in the case, the American Association of Political Consultants argue that the narrow exemption is invalid and therefore the entire law should be struck down as unconstitutional. The attorneys general argue even if the Court finds the exemption invalid, the 4th Circuit’s decision to sever the provision from the overall statute was correct and the TCPA is plainly capable of functioning without it.

 

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