What's At Stake In Battle Over TCPA Constitutionality

Law360 (May 13, 2019, 3:09 PM EDT) -- This month marks the 76th anniversary of the U.S. Supreme Court's landmark free speech decision in Martin v. City of Struthers.[1] In that case, our highest court held that an ordinance designed to protect privacy by barring unsolicited door-knockers from distributing pamphlets to private residences was unconstitutional — constituting an impermissible prior restraint on speech that threatened free society itself.

The government — it was held — cannot ban the delivery of constitutionally protected messages in the name of residential privacy. Yes, some folks might be annoyed by having to come to the door on a Sunday morning to greet a...

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