October 17, 2019 could end up being a red-letter date in First Amendment history.
Facebook today asked the Supreme Court to review whether the TCPA–the broadest restriction on constitutionally-protected speech in American history– survives First Amendment strict scrutiny analysis and to strike the statute’s automated telephone dialing system restrictions if not. The petition comes following denial of en banc review by the Ninth Circuit Court of Appeal in the Duguid putative TCPA class action suit.
A copy of the petition is available here: Facebook Cert Petition.