Barr v. American Association of Political Consultants, Inc.

In Barr v. American Association of Political Consultants, Inc., the U.S. Supreme Court reviewed a First Amendment challenge to the Telephone Consumer Protection Act of 1991 (TCPA). The TCPA generally prohibits robocalls to cell phones, but a 2015 amendment created an exception allowing robocalls made solely to collect debts owed to or guaranteed by the federal government. The plaintiffs, a group of political and nonprofit organizations, argued that this government-debt exception was an impermissible content-based restriction on speech. The district court upheld the exception, but the Fourth Circuit reversed, holding that it could not survive strict scrutiny. The Supreme Court affirmed the Fourth Circuit's judgment, concluding that the exception violated the First Amendment but was severable from the rest of the robocall ban.

The Supreme Court affirmed the Fourth Circuit's judgment. In a plurality opinion by Justice Kavanaugh, the Court held that the government-debt exception violated the First Amendment because it was a content-based restriction that could not satisfy strict scrutiny. However, the Court also ruled 7-2 that the exception was severable from the rest of the TCPA, leaving the general robocall ban intact.

Whether the government-debt exception to the TCPA's robocall ban constitutes an impermissible content-based restriction on speech in violation of the First Amendment, and if so, whether the exception is severable from the remainder of the statute.

The decision upheld the federal robocall ban, preserving consumer protections against unwanted automated calls. It struck down the government-debt exception, meaning the government can no longer make robocalls to collect debts without consent. The ruling raised concerns about the government's ability to collect debts and increased litigation costs, while also creating uncertainty for businesses regarding TCPA compliance.