Those in the privacy space who have been wondering what the impact of Justice Breyer's retirement may have on TCPA litigation and other privacy cases before the Supreme Court should be sure to check out a recent Law360 article in which Eric Troutman provided his insights.
As Eric explained, "Justice Breyer has positioned himself as arguably the most scholarly of the Supreme Court justices in recent decisions. And despite his reputed 'liberal' leanings, he has proven to be something of a wild card over the last few years." He additionally elaborated that given Justice Breyer's embrace of applying First Amendment principles differently to commercial and noncommercial speech, his departure "may prove to be helpful for callers and those who support a strong First Amendment that prevents uneven treatment of similar speech."
Eric also discussed with Law360 how although the AAPC decision cleared up the dispute over the government-backed debt exemption, litigants are continuing to fight over the constitutionality of the TCPA's other content-specific exemptions and how this leaves the door open to further First Amendment challenges that are likely to find their way to the Supreme Court soon.
For Eric's expert analysis, be sure to check out the full Law360 article which is available here.
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