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VICTORY PROCESSING, LLC v. FOX

No. 18-35163.

937 F.3d 1218 (2019)

VICTORY PROCESSING, LLC; Dave Dishaw, Plaintiffs-Appellants, v. Tim FOX, in his official capacity as Attorney General for the State of Montana, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2019.

Attorney(s) appearing for the Case

Blake E. Johnson (argued) and Katherine J. Spohn , Bruning Law Group, Lincoln, Nebraska; James E. Brown , The James Brown Law Office PLLC, Helena, Montana; for Plaintiffs-Appellants.

Patrick M. Risken (argued), Assistant Attorney General; Timothy C. Fox , Attorney General; Office of the Attorney General, Helena, Montana; for Defendant-Appellee.

Before: Ronald M. Gould and Richard A. Paez, Circuit Judges, and Janis Graham Jack, District Judge.

OPINION

We must decide whether 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. We hold that it does.

Although automated telephone calls, or robocalls, fall within...

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