“Judge: First Amendment Protects Political Robocalls”

WSJ Law Blog:

Political robocalls may be an irritating feature of modern campaigning, but that doesn’t mean they don’t deserve protection under the First Amendment, a federal judge ruled.

A decision handed down Wednesday in Arkansas federal court struck down a state law passed 35 years ago that banned political robocalls. The statute restricted commercial robocalling and also made it unlawful to solicit information “in connection with a political campaign” using an automated phone system for dialing numbers and playing recorded messages.

Indiana Law Blog:

No, it does not, according to this April 7, 2016 opinion from Judge Lawrence of the SD Indiana, that concludes on p. 12:

The IADMS [Indiana’s Automated Dialing Machine Statute] is content neutral and is a valid time, place, or manner restriction on speech, and, accordingly, it does not violate the First Amendment. Therefore, the Court DENIES the Plaintiff’s motion for summary judgment and GRANTS the Defendants’ motion for summary judgment.

If only there were some high court of last resort which could resolve conflicts among courts from around the country.
UPDATE: Apparently the statutes differ significantly in that the Arkansas statute, but not the Indiana statute, targeted only political robocalls.
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