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Content-Based Restrictions

NAVEX

Navigating the AI Landscape: Ensuring Security in Closed System Implementations

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It seems that nowadays you can’t open an internet browser without seeing multiple stories about Artificial Intelligence (AI). While AI has existed for many years, the advent of large language models and generative AI such as...more

Latham & Watkins LLP

Further Evolution of the UK Online Safety Bill Removes “Legal, But Harmful” Content Obligations and Increases Children’s Safety...

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The amended bill aims to safeguard freedom of expression whilst still protecting children and adult users in the online environment. The Online Safety Bill (the Bill) was introduced by the UK government on 17 March 2022....more

Saiber LLC

The NetChoice LLC Texas Case: Stay by Fifth Circuit Vacated by the Supreme Court

Saiber LLC on

The December 16, 2021 post “Texas Enjoined from Enforcing Law Targeting Social Media Platforms” reported how on December 1, 2021 a federal court in Texas enjoined enforcement of a law which would have limited a large number...more

Best Best & Krieger LLP

U.S. Supreme Court Issues Two Decisions Impacting Local Sign Regulations and Flag Policies

Lawful or Landmine? Court Rules on First Amendment Snares - Municipalities throughout the country regulate signs and set policy for flag-flying on public property. Done right, these are lawful functions of local...more

Wilson Sonsini Goodrich & Rosati

EU Reaches Political Agreement on Additional New Rules for Digital Platforms in the Digital Services Act

The EU is close to finalizing the adoption of the Digital Services Act (DSA), which will impose new obligations on digital platforms regarding content moderation, due diligence for illegal content, and advertising...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides City of Austin, Texas v. Reagan National Advertising of Austin, LLC

On April 21, 2022, the U.S. Supreme Court decided City of Austin, Texas v. Reagan National Advertising of Austin, LLC, et al., No. 20-1029, holding that a city ordinance regulating offsite advertising is not subject to strict...more

Foley Hoag LLP - Cannabis and the Law

What Cannabis, Hemp, and CBD Companies Need to Know about the PACT Act

Vape product sellers face a new legal landscape after Congress recently expanded the Prevent All Cigarette Trafficking (“PACT”) Act to cover vaping devices. The amendments to the PACT Act came in the waning days of 2020 as a...more

Best Best & Krieger LLP

Mobile Billboard Ordinance that Exempts Certain Vehicles is a Content-Based Regulation

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Such Regulations are Subject to Strict Scrutiny, Ninth Circuit Rules - A city ordinance that prohibits parking mobile billboards on public streets, but exempts authorized emergency or construction-related vehicles, is a...more

Best Best & Krieger LLP

An Extraordinary Smackdown of an Ordinary Sign Ordinance

Court Invalidates Common Sign Ordinance on First Amendment Grounds - A federal appeals court cited the First Amendment in invalidating some portions of the City of Troy, Mich.’s sign ordinance that are very common to many...more

King & Spalding

Supreme Court Strikes Down TCPA Exception—While Keeping the Remainder of the Act Intact—and Will Soon Address “Autodialer”...

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On July 6, the Supreme Court issued a long-awaited decision in Barr v. American Association of Political Consultants addressing whether a provision of the Telephone Consumer Protection Act (“TCPA”)—which generally prohibits...more

Sheppard Mullin Richter & Hampton LLP

TCPA’s 2015 Government-Debt Collection Exception Struck Down- Now What?

The Supreme Court’s recent decision in Barr v. American Association of Political Consultants held the government-debt exception of the TCPA unconstitutional under the First Amendment’s Free Speech Clause. This means that...more

Foley & Lardner LLP

Supreme Court TCPA News: Government Debt Collectors Beware and Autodialers Under Review

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The Supreme Court is showing interest in the Telephone Consumer Protection Act (TCPA), which is designed to control certain unwanted calls, and which over the last decade has been a favored tool of the plaintiffs’ bar to...more

Orrick, Herrington & Sutcliffe LLP

The Supreme Court Is Positioning to Take On TCPA

On July 6, 2020, the United States Supreme Court issued its ruling in Barr v. American Ass’n of Political Consultants, a case in which the plaintiffs challenged a government-debt collection exception to the Telephone Consumer...more

Jackson Lewis P.C.

Supreme Court Weighs In On TCPA Constitutionality

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In a much-anticipated Supreme Court decision, Barr v. American Association of Political Consultants, sure to impact the future of the Telephone Consumer Protection Act (“TCPA”), the Court addressed the issue of whether the...more

Morrison & Foerster LLP - Class Dismissed

Federally-Backed Debt Collection Exception Not The Supreme Court’s Cup Of T(CPA)

Barr v. Am. Ass’n of Political Consultants, Inc., 2020 WL 3633780, 591 U.S. __ (2020).[1] Earlier this month, the Supreme Court held, in a fractured decision yielding multiple concurring or dissenting opinions, that the...more

Payne & Fears

Supreme Court Makes More Robocalls Illegal and Will Determine What Is a Robocall Soon

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Since 1991 the Telephone Consumer Protection Act, or TCPA, has regulated robocalls, which are loosely defined as calls or texts using automatic telephone dialing systems (a/k/a an “autodialer”). In 2015, Congress excluded...more

BCLP

SCOTUS Upholds TCPA but Strikes Government Debt Collection Exception

BCLP on

The Telephone Consumer Protection Act ("TCPA") has been the subject of significant class and consumer litigation risk exposure for many industries, including financial institutions. In a July 6 ruling, the United States...more

Kilpatrick

TCPA Class Actions - Supreme Court Severs Government Debt Collection Exception

Kilpatrick on

Takeaway: In Barr v. American Association of Political Consultants, Inc, No. 19-631, 2020 WL 3633780 (U.S. July 6, 2020), the Supreme Court invalidated the exception for calls made for the purpose of collecting government...more

McGlinchey Stafford

Florida Real Property & Business Litigation Report, Volume 13, Issue 28

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Barr v. American Association of Political Consultants, Inc., Case No. 19–631 (2020). The federal government cannot exempt itself from the anti-robocall provisions of the Telephone Consumer Protection Act of 1991, 47 U. S. C....more

Cooley LLP

Alert: Supreme Court Preserves Limits on Autodialed Calls to Cell Phones, Overturns Government Debt Collection Exception

Cooley LLP on

In a widely anticipated decision in Barr v. American Association of Political Consultants, the US Supreme Court determined that an exception to the Telephone Consumer Protection Act (TCPA) that allowed robocalls to mobile...more

Cozen O'Connor

What High Court Ruling Means For TCPA's Future

Cozen O'Connor on

On July 6, the U.S. Supreme Court issued its ruling in Barr v. American Association of Political Consultants Inc. The court declined to invalidate the Telephone Consumer Protection Act's automated calls to cellphones...more

Hogan Lovells

U.S. Supreme Court Finds TCPA’s Federal-Debts Exemption Unconstitutional; Leaves Rest of TCPA Intact

Hogan Lovells on

On June 6, 2020, the U.S. Supreme Court issued its decision in Barr v. American Association of Political Consultants, Inc., et al., settling an issue that has lingered over litigation under the Telephone Consumer Protection...more

Seyfarth Shaw LLP

The U.S. Supreme Court Broadens The TCPA Class Action Trap For Unwary Businesses

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Seyfarth Synopsis: While many businesses hoped that the U.S. Supreme Court would blow up the ban on autodialed calls in the Telephone Consumer Protection Act (“TCPA”), on July 6, 2020, the nation’s highest court issued its...more

Seyfarth Shaw LLP

A Fractured Supreme Court Strikes Down and Severs the TCPA’s Government Debt Exemption, Leaving the Rest of the Statute Intact

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This week, a divided Supreme Court issued a plurality opinion in Barr v. American Association of Political Consultants, Inc. (“Political Consultants”) striking down and severing a 2015 amendment to the TCPA, which exempts...more

Ballard Spahr LLP

SCOTUS Rules TCPA Exception For Automated Calls To Collect Government Debts Violates First Amendment But Leaves TCPA’s General...

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On July 6, the U.S. Supreme Court ruled in Barr v. American Association of Political Consultants that the Telephone Consumer Protection Act’s exception from its automated call restriction for calls to collect government debts...more

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