Federal appeals court rules against AG Fox on political robocalls
Montana can’t outlaw political robocalls, the Ninth Circuit ruled Tuesday, finding the state’s law violates the First Amendment, hamstrings underdog candidates and fails to protect recipients from financial scams.
In past decisions, the Ninth Circuit has upheld laws restricting automated phone calls based on consumer protections regulating commercial speech and those that restrict the time, place and way robocalls are allowed. And the court has found that such laws apply to cellphones. But a three-judge panel drew the line Tuesday on Montana’s robocall statute, the first considered by the court that regulates such calls based on their content.
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