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In 2020, Congress enacts a new federal data-protection law. One of the law's provisions outlaws email solicitations absent the recipient's prior affirmative opt-in consent. Entities

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In 2020, Congress enacts a new federal data-protection law. One of the law's provisions outlaws email solicitations absent the recipient's prior affirmative opt-in consent. Entities that send email solicitations without having first ob- tained each recipient's prior affirmative opt-in consent are subject to a $1,000 penalty per violation. The law is privately enforceable, meaning that individuals can sue violators for damages. After the law goes into effect, a political group sends an email to 10,000 peo- ple seeking campaign contributions to the group's candidates. Assume that the email is an "email solicitation" covered by the new law and that the group didn't obtain prior affirmative opt-in consent from any of the recipients. A recipient of the group's email files a class action against the group, seeking $10 million in damages for the group's violation of the new law. The group files a motion to dismiss and argues that the provision, as applied to it, vio- lates the First Amendment. You're the district judge hearing this case. Do you grant or deny the motion to dismiss? Explain your answer. Be sure to identify the applicable standard of scrutiny and explain whether the law passes or fails that standard. If you need more information, say so and explain how that information would in- fluence your analysis

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