January 20, 2020

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U.S. Supreme Court to Review TCPA: Here Are All Of the Czar’s First Amendment Articles In One Place

As one of the leading constitutional law scholars in the nation *cough* I have written repeatedly on the subject of the First Amendment dimensions of the TCPA. As Sara just reported, the U.S. Supreme Court has now taken up the issue in the context of the TCPA’s content-specific exemptions.

Notably the ruling in AAPC will have a huge impact on every American’s First amendment rights. If the government can draw hugely expansive restrictions on speech–using content-specific exemptions to protect only certain favored speech–our freedom of speech becomes illusory. Yet that is precisely what the TCPA does– effectuating the single broadest restriction on constitutionally-protected speech in our nation’s history, while simultaneously exempting the government’s own speech from this expansive restriction.

While the Fourth and Ninth Circuit Courts of Appeal have struck down the challenged exemption, there are numerous additional content-specific exemptions within the TCPA that have been recognized by the FCC and live on. More to the point– the remedy to an unconstitutional restriction on speech must be to strike down the restriction, not to expand it by removing exemptions piecemeal.

So that TCPAWorld can have the full context here, I have collected my various writings on the subject compiled over the years. Some of this material is currently attributable to my former firms. Don’t let that confuse you. This is all my work, and I hope you find it enjoyable and educational. Without further ado, works on the constitutionality of the TCPA by Eric J. Troutman:

There’s the full catalog folks. Happy reading.

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About this Author

Eric Troutman Class Action Attorney
Of Counsel

Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric has built a national litigation practice based upon deep experience, rigorous...

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