Telephone Consumer Protection Act

In fact, Justice Kavanaugh (fairly) describes Justice Breyer as arguing in favor of overruling Reed v. Town of Gilbert (2015).  

In Barr v. American Association of Political Consultants the Supreme Court held 6-3 that the Telephone Consumer Protection Act’s (TCPA) debt-collection exception was content-based, failed strict scrutiny, and therefore violated the First Amendment.

The State and Local Legal Center filed an ...

What does Barr v. American Association of Political Consultants have to do with state and local governments? The question the Supreme Court will decide in this case is whether allowing robocalls for government-debt only violates the First Amendment. State and local governments aren’t likely recipients of such calls.

In one word the answer is Reed; as in Reed v. Town of Gilbert (2015). In Reed the Supreme Court held that strict (usually fatal)-scrutiny applies to content-based restrictions on speech, and the Court defined content-based broadly. In short Reed was a bad decision for state and local governments, which regularly regulate content-based speech.  

The Telephone Consumer Protection Act (TCPA) prohibits automatic dialing or prerecorded calls to cell phones with three exceptions—emergencies, consent, and debt collection owed to or guaranteed by the United States. The American Association of Political Consultants claims the third exception violates the First Amendment.