CommLaw Monitor

News and analysis from Kelley Drye’s communications practice group

Prop 65 Glyphosate Warnings Violate First Amendment Proscription Against Government-Compelled Speech

In a momentous decision, a federal court of appeals has held that the First Amendment prohibits California from requiring businesses to provide a warning under Proposition 65 for potential exposure to glyphosate. The…

Section 230 Executive Order Strikes Back at Twitter, But Legal Impact Likely to be Limited

In a move spurred by Twitter’s decision to fact-check a pair of President Trump’s tweets, the president recently signed a multi-pronged “ Executive Order on Preventing Online Censorship ” with the claimed intention of…

TCPA In Jeopardy? US Supreme Court Reviews Constitutionality

On Wednesday, May 6th, the U.S. Supreme Court will hear oral argument in a case concerning the scope of the Telephone Consumer Protection Act (“TCPA”) that is of great interest to businesses and communications industry…

4th Circuit Declares Government Debt Exemption to the TCPA Unconstitutional, But Leaves the Rest of the Statute Intact

Since its adoption, the Telephone Consumer Protection Act (“TCPA”) has periodically been attacked as unconstitutional on grounds that it violates the First Amendment right to free speech due to its content-based…