Kavanaugh • Specifically, the TCPA prohibits phone calls generated by automated messages or automated dialing systems to cell phones (the “cellphone-call ban”). Am. The problem with that approach, which reflexively applies strict scrutiny to all content-based speech distinctions, is that it is divorced from First Amendment values. Associate justices: Alito • [6] The exemption to the statute, established in 2015, allowed automated calls relating to collecting debts owed to or guaranteed by the federal government, otherwise known as the government-debt exception or debt-collection exemption. Id. Id. Political consultants group argued law violated First Amendment Several political and nonprofit organizations, including the American Association of Political Consultants, challenged the law and the government-debt exception. Join AAPC; Member Center. It is an "order issued by the U.S. Supreme Court directing the lower court to transmit records for a case it will hear on appeal. Cf. Question(s) Presented . Barbour • Hughes • The plaintiffs alleged that the debt-collection exemption constitutes a content-based restriction on speech, thus violating their right to free speech guaranteed by the First Amendment. SLSA points out that the government had approximately $203 billion worth of delinquent debt in 2018, exposing how much debt the government has to collect. Furthermore, AAPC maintains, the “sweeping” exceptions that Congress allows to the cellphone-call ban further undermines the Government’s insistence on the importance of its asserted privacy interest. 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. Oral argument for Barr v. American Association of Political Consultants Inc. was initially scheduled for April 22, 2020. Strong • at 20–22. This is the traditional remedy for proven violations of legal rights likely to work irreparable injury in the future. Id. BARR, ATTORNEY GENERAL, et al. at 11. Id. In doing so, Congress favored debt-collection speech over plaintiffs’ political speech. Id. American Association of Political Consultants Inc. Barr v. American Association of Political Consultants Inc. Update: 2020-05-06. [8], Justice Neil Gorsuch filed an opinion concurring in the judgment in part and dissenting in part, joined by Justice Clarence Thomas.[4]. 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). Moreover, the Government continues, the government-debt exception less strongly implicates the TCPA’s consumer-privacy aims because those who borrow money under an obligation to repay it should reasonably expect to be contacted if they shirk their obligations. Oral Argument Due to the coronavirus pandemic, the Supreme Court heard oral argument via … We cure that constitutional violation by invalidating the 2015 government-debt exception and severing it from the remainder of the statute. 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. Tab Group. Harlan I • Id. at 5. In 1991, Congress enacted the Telephone Consumer Protection Act (“TCPA”) aimed at protecting Americans from unsolicited, intrusive phone calls. at 19. Marshall • Ibid. B. Given those facts, the government-debt exception should survive intermediate First Amendment scrutiny. Blackmun • A majority of the Court holds that the exception violates the Constitution's First Amendment. A party petitioning an appellate court to consider its case. The argument focused on the two questions … Paterson • Id. 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