9th Circ.: Robocall Ban 'Strikes At Heart' Of 1st Amendment

Law360 (September 10, 2019, 10:16 PM EDT) -- A Montana law banning automated political campaign calls "strikes at the heart of the First Amendment" and disproportionately disadvantages candidates with fewer resources, the Ninth Circuit ruled Tuesday, overturning a district court's decision last year finding the law constitutional.

In February 2018, a Montana federal judge denied political consulting firm Victory Processing LLC's constitutional challenge to the law, finding that it serves a compelling governmental interest and is sufficiently narrowly tailored to survive strict scrutiny applied to content-based legislation.

But the Ninth Circuit disagreed, holding in its published decision that the 1991 legislation doesn't further the state's interest in protecting privacy....

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