Ninth Circuit Strikes Down Statute Regulating Automated Calls on the Basis of Content—Misses The Irony

I love a little irony in the morning. Or in the afternoon. Really anytime is a good time for irony. How about right now.

The Ninth Circuit Court of Appeal just applied strict scrutiny to a Montana state “anti-robocall” enactment that applied on a limited basis to only certain categories of calls, including—but not limited to—political calls. See Victory Processing, LLC v. Fox,  No. 18-35163, 6:17-cv-00027-CCL. The Ninth Circuit concluded that the statute improperly restricted political speech in a manner that is inconsistent with the First Amendment and struck the statute down.


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