Call Me Unconstitutional: Hang-Up For SC's Robocall Law

Law360, New York (September 16, 2015, 11:00 AM EDT) -- On Aug. 6, the Fourth Circuit upheld a political consultant's First Amendment challenge to South Carolina's anti-robocall statute, which arose from his arrest for allegedly unlawful robocalls in connection with state legislative races during the 2010 election. Of significance, the Fourth Circuit applied the U.S. Supreme Court's content-neutrality framework recently pronounced in Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015). In doing so, the Fourth Circuit held that the South Carolina statute constitutes an unlawful content-based regulation that cannot withstand strict scrutiny review. See Robert C. Cahaly v. Paul C. LaRosa, III, U.S. App. LEXIS 13736 (4th Cir. Aug....

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