Archive: July 19, 2016

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Attorney General Lynch Seeks Dismissal of Political Organizations’ Challenge to the TCPA

Attorney General Lynch Seeks Dismissal of Political Organizations’ Challenge to the TCPA

By Andrew C. Glass, Gregory N. Blase, Roger L. Smerage

On Friday, the Attorney General of the United States responded to a lawsuit brought by a bi-partisan coalition of political groups challenging the constitutionality of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”). In American Association of Political Consultants, Inc., et al. v. Lynch, Case No. 5:16-cv-00252-D (E.D.N.C.) (previously discussed here) the plaintiffs seek a declaration that the TCPA violates the First Amendment.  The lawsuit asserts that the statute imposes a content-based restriction on speech that fails to pass strict scrutiny.

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