Supreme Court Upholds Cellphone Robocall Ban

July 6, 2020 by Dan McCue
Supreme Court Upholds Cellphone Robocall Ban

WASHINGTON— The Supreme Court on Monday upheld a 1991 law that bars robocalls to cellphones.

The case, argued by telephone in May because of the coronavirus pandemic, stems from a 2015 decision by Congress to carve out an exception to the Telephone Consumer Protection Act.

The Act generally prohibits robocalls to cellphones and home phones, but the 2015 amendment allowed robocalls to collect debts owed to or guaranteed by the federal government, including to collect student loan and mortgage debts.

Political consultants and pollsters were among those asking the justices to strike down the 1991 law that bars them from making robocalls to cellphones as a violation of their free speech rights under the Constitution.

The issue was whether, by allowing one kind of speech but not others, the exception made the whole law unconstitutional. Six justices concluded it did.

The ruling written by Justice Brett Kavanaugh throws out the exception for government-debt collection, but preserved the broader prohibition.

“As a result, plaintiffs still may not make political robocalls to cellphones, but their speech is now treated equally with debt-collection speech,” Kavanaugh wrote.

He concluded: “Congress created a general restriction on robocalls to cellphones but carved out an exception. That exception is unconstitutional; the court fixed the problem by separating it from the rest of the statute, so now all robocalls are unconstitutional again.”

There are now five decisions to go before the justices wrap up their pandemic-extended term. Two regard subpoenas for President Donald Trump’s tax returns and other financial records, two focus on the religion clauses of the Constitution, and one could determine whether much of eastern Oklahoma is a Native American reservation. 

A+
a-
  • cellphones
  • robocalls
  • Supreme Court
  • In The News

    Health

    Voting

    Supreme Court

    December 4, 2023
    by Dan McCue
    Justices Appear Divided Over Purdue Pharma Bankruptcy Deal

    WASHINGTON — The Supreme Court appeared divided on Monday over a bankruptcy deal struck by Purdue Pharma that would immunize... Read More

    WASHINGTON — The Supreme Court appeared divided on Monday over a bankruptcy deal struck by Purdue Pharma that would immunize the Sackler family, its one-time owners, from civil lawsuits for their role in the opioid crisis.  The closely watched case is considered to be among the most... Read More

    November 30, 2023
    by Tom Ramstack
    Supreme Court Leans Toward Reducing Enforcement Authority of Federal Agencies

    WASHINGTON — The Supreme Court seemed ready Wednesday to cut back on the authority of federal agencies to enforce their... Read More

    WASHINGTON — The Supreme Court seemed ready Wednesday to cut back on the authority of federal agencies to enforce their regulations through fines or seizures of property. Questions from the conservative majority of justices during a hearing focused on whether the agencies were committing unconstitutional procedural... Read More

    November 30, 2023
    by Dan McCue
    Chaos Reigns as Democrats Vote to Subpoena Crow, Leo in SCOTUS Probe

    WASHINGTON — A Senate Judiciary Committee hearing on Thursday became the latest venue for Capitol Hill dysfunction as Democrats on... Read More

    WASHINGTON — A Senate Judiciary Committee hearing on Thursday became the latest venue for Capitol Hill dysfunction as Democrats on the panel approved issuing subpoenas to billionaire Harlan Crow and influential conservative Leonard Leo as part of an ongoing investigation into alleged ethical lapses by Supreme... Read More

    November 28, 2023
    by Dan McCue
    Justices Asked to Parse Accelerated Sentencing Guidelines

    WASHINGTON — The Supreme Court returned to the bench for its December session on Monday, considering a pair of cases... Read More

    WASHINGTON — The Supreme Court returned to the bench for its December session on Monday, considering a pair of cases whose outcome could have sweeping consequences for the sentencing of recidivist offenders charged with federal crimes. The cases, which were consolidated for the sake of oral... Read More

    November 17, 2023
    by Tom Ramstack
    Supreme Court Blocks Florida Law Banning Kids From Drag Shows

    WASHINGTON — The U.S. Supreme Court on Thursday blocked a Florida law that bans child access to drag shows, saying... Read More

    WASHINGTON — The U.S. Supreme Court on Thursday blocked a Florida law that bans child access to drag shows, saying it violates First Amendment free speech rights. Gov. Ron DeSantis and his supporters enacted the law to protect children from what they consider corrupt influences. The... Read More

    November 17, 2023
    by Dan McCue
    Guns, Social Media and Fair Play for Whistleblowers Stand Out on Early Docket

    WASHINGTON — While “chaos” was the most apt description for certain parts of the federal government in October, the U.S.... Read More

    WASHINGTON — While “chaos” was the most apt description for certain parts of the federal government in October, the U.S. Supreme Court reconvened and got on with the business of unwinding the nation’s thorniest legal questions. By the time Congress finally chose Rep. Mike Johnson, R-La.,... Read More

    News From The Well
    scroll top