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Anti-robocalling statute banning automated political calls found unconstitutional

By Kathryn Rattigan on August 13, 2015
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On August 6, 2015, the Fourth Circuit upheld a lower court’s decision that the South Carolina anti-robocall statute was unconstitutional. The South Carolina robocall statute targeted automated telephone calls that were political in nature, which the court found was not content neutral. The court cited a recent decision by the U.S. Supreme Court which held that a regulation on speech is subject to strict scrutiny as “content-based” or intermediate scrutiny as “content neutral.” The Court held, “Under the content-neutrality framework set forth in Reed v. Town of Gilbert, we find that the anti-robocall statute is a content-based regulation that does not survive strict scrutiny.”

This decision stems from the 2010 arrest of political consultant, Robert C. Cahaly, who set up an automated opinion polling system to ask whether Nancy Pelosi should be invited to campaign. While the charges were dropped, Cahaly filed suit against state officials on claims that his constitutional rights were violated.

Photo of Kathryn Rattigan Kathryn Rattigan

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security…

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security compliance. Kathryn helps clients review, revise and implement necessary policies and procedures under the Health Insurance Portability and Accountability Act (HIPAA). She also provides clients with the information needed to effectively and efficiently handle potential and confirmed data breaches while providing insight into federal regulations and requirements for notification and an assessment under state breach notification laws. Prior to joining the firm, Kathryn was an associate at Nixon Peabody. She earned her J.D., cum laude, from Roger Williams University School of Law and her B.A., magna cum laude, from Stonehill College. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.

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  • Posted in:
    Government and Public Policy
  • Blog:
    Data Privacy + Cybersecurity Insider
  • Organization:
    Robinson & Cole LLP
  • Article: View Original Source

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