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....

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Attached Documents

Related Sections

Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Subscribers Only

Nature of Suit

Subscribers Only


Subscribers Only

Date Filed

Subscribers Only

Law Firms

Government Agencies

Judge Analytics