On December 12, 2018, AAPC’s lawyer appeared before the Fourth Circuit Court of Appeals on behalf of the appellants in the challenge to the Telephone Consumer Protection Act cell phone call ban. It was observed that the judges were very active in questioning both sides.
That active questioning continued during the initial presentation with all three judges asking about why the government debt exemption to the cell phone call ban makes the entire statute a content-based restriction of speech and if the government debt exemption could be severed from the cell phone call ban (leaving the ban in place). Our lawyer argued that it could not, because Congress would retain the power to make future content-based restrictions and long-established First Amendment jurisprudence holds that more speech, rather than less speech, is the remedy for First Amendment violations. The government then argued that the statute should be upheld through Lindsey Powell, Attorney with the U.S. Department of Justice on behalf of the Federal Communications Commission.
We will continue to update you on this important legal matter as we receive more information!