CAHALY v. LAROSA

Nos. 14-1651, 14-1680.

796 F.3d 399 (2015)

Robert C. CAHALY, Plaintiff-Appellee, v. Paul C. LAROSA, III; Reginald I. Lloyd; South Carolina Law Enforcement Division, Defendants-Appellants. Robert C. Cahaly, Plaintiff-Appellant, v. Paul C. Larosa, III; Reginald I. Lloyd; South Carolina Law Enforcement Division, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: August 6, 2015.


Attorney(s) appearing for the Case

ARGUED: Kenneth Paul Woodington , Davidson & Lindemann, P.A., Columbia, South Carolina, for Appellants/Cross-Appellees. Samuel Darryl Harms, III , HARMS LAW FIRM, PA, Greenville, South Carolina, for Appellee/Cross-Appellant. ON BRIEF: Robert D. Cook , Solicitor General, Office of the Attorney General, Columbia, South Carolina; William H. Davidson, II , Davidson & Lindemann, P.A., Columbia, South Carolina, for Appellants/Cross-Appellees.

Affirmed in part, vacated in part, and remanded with instructions by published opinion. Judge DIAZ wrote the opinion, in which Judge WYNN and Judge THACKER joined.


Robert C. Cahaly, a self-described Republican political consultant, was arrested for alleged violations of South Carolina's anti-robocall statute. After the charges were dismissed, Cahaly filed suit, challenging the statute on three First Amendment grounds: as an unlawful regulation of speech, as impermissibly compelling speech...

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