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. 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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