Victory Processing, LLC v. Fox, No. 18-35163 (9th Cir. 2019)Annotate this Case
Montana Code section 45-8-216(1)(e)—which restricts automated telephone calls promoting a political campaign or any use related to a political campaign—violates the First Amendment. The Ninth Circuit reversed the district court's grant of summary judgment for the Attorney General of Montana, holding that regulating robocalls based on the content of their messaging presents a more severe threat to First Amendment freedoms than regulating their time, place, and manner. Furthermore, prohibiting political robocalls strikes at the heart of the First Amendment, as well as disproportionately disadvantages political candidates with fewer resources.
After determining that plaintiff had standing to challenge Montana's Robocall Statute, the panel held that Montana's content-based restrictions on robocalls cannot survive strict scrutiny. Although protecting personal privacy was a compelling state interest, the panel held that the statute was not narrowly tailored to further this interest, the statute was both underinclusive and overinclusive, and thus the statute's restriction on political messages did not survive strict scrutiny.