Next week, in Barr v. American Association of Political Consultants, the Supreme Court will hear oral argument on whether the federal law prohibiting robocalls to cellphones violates the First Amendment’s free speech clause. The case could have a significant impact on political advertising in the run-up to the 2020 election. It could also have ripple effects well beyond robocalls, including on the constitutional rules surrounding commercial advertising and the proper remedy for laws found unconstitutional under the First Amendment on what are known as content neutrality grounds.
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