Cahaly v. LaRosa
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Cahaly v. LaRosa is a lawsuit filed in federal court in 2013 that challenged South Carolina's law prohibiting most types of unsolicited consumer and political calls made by Automatic Dialing and Announcing Devices (ADAD), also known as "robocalls". The plaintiff won in U.S. district court in June 2014, and the Fourth Circuit Court of Appeals upheld that ruling in part, while vacating part in August 2015.
Quick Facts Cahaly v. LaRosa, Court ...
Cahaly v. LaRosa | |
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Court | United States Court of Appeals for the Fourth Circuit |
Full case name | Robert C. Cahaly, Plaintiff - Appellee, v. Paul C. LaRosa, ; Reginald I. Lloyd; South Carolina Law Enforcement Division, Defendants - Appellants. |
Decided | August 6, 2015 |
Citation(s) | Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015) |
Case history | |
Prior action(s) | Judgment for plaintiff sub. nom. Cahaly v. LaRosa, 25 F. Supp. 3d 817, 827 (D.S.C. 2014) |
Holding | |
The law was found unconstitutional under the First Amendment, since robocalls with certain messages were singled out for prohibition while robocalls with other messages were allowed (e.g., genuine opinion surveys, calls with ideological, but not “political” messages, calls with religious messages, and so on). Judgment for the plaintiffs affirmed in part, vacated in part, and remanded with instructions 3–0, with Diaz, A. writing for the majority; Wynn, J.A. and Thacker, S. concurring. | |
Court membership | |
Judge(s) sitting | James A. Wynn, Jr., Albert Diaz, and Stephanie Thacker, U.S. Circuit Judges |
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