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First Amendment Telecommunications The United States Federal Communications Commission

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Fisher Phillips

Employer Impact Guide to the Supreme Court’s 2024-2025 Term: 12 Cases That Reshaped Your Workplace, Industry, or Litigation...

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As the Supreme Court prepares for its next term to begin October 6, let’s look back on all the SCOTUS cases from the past year that impacted your workplace, industry, and litigation exposure. Here’s a quick guide to 12 times...more

Troutman Pepper Locke

Eleventh Circuit Judges Question FCC’s One-to-One Consent Rule

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On December 18, the U.S. Court of Appeals for the Eleventh Circuit held oral arguments in Insurance Marketing Coalition Limited (IMC) v. Federal Communication Commission (FCC), which challenges the FCC’s December 2023 order...more

Jones Day

The Road Ahead for Net Neutrality and the First Amendment

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The Situation: The Federal Communications Commission ("FCC") under President Biden is likely to revive Obama-era net neutrality rules repealed by President Trump's FCC. The Issue: Net neutrality raises First Amendment...more

Wiley Rein LLP

FCC Proposes Disclosure Rules for Certain Programming Provided by Foreign Governments

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On October 26, 2020, the Federal Communications Commission (FCC or Commission) released a Notice of Proposed Rulemaking (NPRM) in which the Commission proposes to amend its sponsorship identification rules to require...more

Hogan Lovells

Eleventh Cir. Rejects Broad Reading of “Autodialer”

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On January 27, 2020, an Eleventh Circuit panel released a landmark ruling in Glasser v. Hilton Grand Vacations Company, LLC. The key issue in the case was how to interpret ambiguous language in the Telephone Consumer...more

Harris Beach Murtha PLLC

Telemarketing Legislation, Litigation Remain Hot-Button Issues for Legislature and Courts

The legislation and litigation regarding unwanted calls remain alive and well and show no signs of ending anytime soon. With recent statutes enacted by the federal and New York State legislatures, telemarketing and debt...more

Faegre Drinker Biddle & Reath LLP

As Courts Grapple With The Severability of The Federal Debt-Collection Exemption, SCOTUS Is Asked to Resolve The Issue

The 2016 amendments to the TCPA—which created an exemption for calls that are made “solely to collect a debt owed to or guaranteed by the United States”—have inadvertently reshaped the way that TCPA claims are litigated....more

Jones Day

Net Neutrality Proposals for Tech Platforms Raise First Amendment Concerns

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The Issue: Tech platforms face a hostile environment in Washington, with bipartisan consensus building behind proposals for additional regulation. The Situation: Regulating how tech companies transmit online content is the...more

Womble Bond Dickinson

Pulling it All Together: How Recent Legislative, Judicial and Regulatory Developments Have Made Understanding TCPA Compliance More...

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2018 wasn’t supposed to end like this. With the long-awaited ACA Int’l ruling finally handed down--predictably overruling the FCC’s disastrous 2015 TCPA Omnibus Ruling–and with the fate of the TCPA seemingly resting in the...more

Womble Bond Dickinson

TCPA on the Front Line: The Battle for the Future of American Free Speech is Quietly Taking Shape in an Appeal Over “Robocalls”

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I’ve said enough on the subject of the watered-down version of strict scrutiny being applied to the Telephone Consumer Protection Act (“TCPA”) and how that might impact the future of free speech in the country. And here are...more

Womble Bond Dickinson

First-In-the-Nation-Result: District Court Stays TCPA Case Pending Outcome of Ninth Circuit First Amendment Challenge

Womble Bond Dickinson on

Now we’re talking! As I’ve written on multiple occasions, the Telephone Consumer Protection Act (“TCPA”) is the broadest restriction on constitutionally protected speech in our nation’s history. Worse still, the statute is...more

Womble Bond Dickinson

The Constitutional Dimension: Why the First Amendment May Light the Way to Sensible TCPA Reform

Womble Bond Dickinson on

I spent some time speaking with reporters yesterday about how we can really get to the bottom of the “robocall” epidemic plaguing this country. I focused on the need to better define our terms–so we can identify the real...more

Searcy Denney Scarola Barnhart & Shipley

Repeal of Net Neutrality? Everyone loses except the powerful

Web Access Through Corporate Control - The barrage of backlash booming around the repeal of the net-neutrality law by the Federal Communications Commission is facing an all-fronts assault. The communications companies that...more

Searcy Denney Scarola Barnhart & Shipley

Small Business Attacked by FCC — Internet is in the hands of big business

FCC Kills Net Neutrality - Death threats. Protests. Rallies. Strong opinions roil around the controversial Federal Communications Commission vote to repeal the Obama administration’s net-neutrality law that protected a...more

Davis Wright Tremaine LLP

FCC Broadband Privacy Part I: The FCC’s Ascension as a Privacy Regulator

Tomorrow, October 27, the Federal Communications Commission (FCC) is scheduled to vote on new privacy rules for internet service providers (ISP) that will have a lasting impact on U.S. privacy regulation. In this special...more

Dorsey & Whitney LLP

A Close to Open Internet Challenges?

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In a major victory for the Federal Communications Commission (“FCC” or “Commission”) a three-judge panel of the United States Court of Appeals for the District of Columbia (“DC Circuit”) upheld the Commission’s 2015 Open...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Third Time’s the Charm: Court Upholds FCC Net Neutrality Regulations"

Yesterday, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) in a lengthy 2-1 decision denied various challenges to the Federal Communications Commission’s (FCC or Commission) 2015 Open Internet...more

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