How FCC’s Reading Of TCPA Violates The 1st Amendment

Law360, New York (January 29, 2016, 3:04 PM EST) -- Bradley J. Andreozzi

Michael P. Daly

Justin O. Kay For an agency charged with regulating communications, the Federal Communications Commission has shown itself to be remarkably indifferent to First Amendment rights. In its recent brief in the consolidated appeal from its July 2015 omnibus ruling on the Telephone Consumer Protection Act, the FCC blandly assured the D.C. Circuit that “[e]very court” has held that the TCPA’s restrictions “easily pass muster under the First Amendment.” FCC Brief at 73-74. But it all but ignored that, rather than...
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