Barr v. American Assn. of Political Consultants, Inc.
View Official PDFBelow are plain-language sections to help you understand what the Court decided in Barr v. American Assn. of Political Consultants, Inc. and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of Barr v. American Assn. of Political Consultants, Inc..
The Supreme Court affirmed the Fourth Circuit's decision that the 2015 government-debt exception to the Telephone Consumer Protection Act's robocall restriction violates the First Amendment. The Court found the exception to be a content-based restriction on speech that could not withstand strict scrutiny. The exception was severed from the statute, allowing the remainder of the law to function independently.
Holding
The single most important “bottom line” of what the Court decided in Barr v. American Assn. of Political Consultants, Inc..
The Court held that the 2015 government-debt exception violates the First Amendment and is severable from the underlying robocall restriction.
Constitutional Concepts
These are the Constitution-related themes that appear in Barr v. American Assn. of Political Consultants, Inc.. Click a concept to see other cases that involve the same idea.
-
Why Free Speech is relevant to Barr v. American Assn. of Political Consultants, Inc.
The case primarily concerns the First Amendment's Free Speech Clause as it evaluates content-based restrictions on speech.
Syllabus excerpt (verbatim)The 2015 government-debt exception violates the First Amendment.
-
Why Judicial Review is relevant to Barr v. American Assn. of Political Consultants, Inc.
The Court exercises its power of judicial review to invalidate the government-debt exception as unconstitutional.
Syllabus excerpt (verbatim)The robocall restriction with the government-debt exception cannot satisfy strict scrutiny.
-
Why Remedies and Relief is relevant to Barr v. American Assn. of Political Consultants, Inc.
The Court applies severability principles to remedy the unconstitutional provision by severing the government-debt exception.
Syllabus excerpt (verbatim)Severing this relatively narrow exception to the broad robocall restriction fully cures the First Amendment unequal-treatment problem.
Key Quotes
Short excerpts from the syllabus in Barr v. American Assn. of Political Consultants, Inc. that support the summary and concepts above.
"The 2015 government-debt exception violates the First Amendment."
"The robocall restriction with the government-debt exception is content-based because it favors speech made for the purpose of collecting government debt over political and other speech."
"Severing this relatively narrow exception to the broad robocall restriction fully cures the First Amendment unequal-treatment problem."
