October Term 2019 · Docket 19-631

Does the government debt exception violate the First Amendment?

Political groups challenge a law that bans automated calls but allows debt collection texts.

Official caption
Barr v. American Assn. of Political Consultants, Inc.
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Verified source milestones

  1. — An official oral-argument transcript was verified.
  2. — An official oral-argument transcript was verified.

The arguments, in order

This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.

  1. Argument 1 ·

    What happened at the argument

    Mr. Martinez argued his clients want to engage in political speech. He stated the law bars effective communication tools. He claimed the restriction targets core First Amendment activity.

    Mr. Stewart argued the law restricts intrusive calling technologies. He stated lower courts upheld this as content-neutral. He argued the debt exception is not illegal.

    Chief Justice Roberts questioned the severance argument. He noted the debt exception is not illegal. He asked why severing it would help the opposing side.

    Justice Breyer asked a philosophical question about content discrimination. He stated all human life involves speech. He asked counsel to define the concept.

    Read the official transcript for this argument · Official argument details

    Sources used for this argument breakdown

A citizen's guide to the whole case

What this case is about

The case tests whether a federal law violates the First Amendment. The law bans automated calls to cell phones. It includes an exception for government debt collection. Political groups argue this exception favors certain speech. The government argues the law targets intrusive technology.

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How the case got here

The Supreme Court heard oral argument in this case on May 6, 2020.

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What each side wants

The government wants the court to uphold the statute. It seeks to keep the debt collection exception intact.

The political groups want the court to strike down the exception. They seek to remove the special treatment for debt collection.

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What each side says

The government argues the law restricts intrusive technology. It claims the debt exception is not illegal. It asserts the restriction is content-neutral.

The political groups argue the law discriminates based on content. They claim the exception favors government debt speech. They assert this violates core First Amendment protections.

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What the justices asked

Chief Justice Roberts asked if the debt exception is illegal. He questioned the logic of severing a non-illegal provision.

Justice Breyer asked for a definition of content discrimination. He noted that all government regulation involves speech.

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Why it matters

The outcome defines the scope of First Amendment protections. It determines how courts treat laws with content-based exceptions. It affects the ability of groups to use automated communication tools. It clarifies the standard for reviewing speech restrictions.

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What happens next

This article currently covers the argument record. Use the official docket link for later case activity.

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Official Court provenance

Official docket and case history · Official Supreme Court oral-argument detail page

Title and summary sources

Revision history

  1. Revision 1 · Official Transcript ·

    Correction: Rewritten to the concise citizen-facing editorial standard.

  2. Revision 2 · Official Transcript ·

    Correction: Migrated to the dated official Court activity contract without model use.

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