Federal judge reaffirms ban on political ‘robocalls’ in Indiana

Just weeks ahead of Indiana’s primary for Attorney General, a federal judge reaffirmed Indiana’s ban on automated telephone calls for political purposes.

The political action committee Patriotic Veterans Inc. failed to prove its First Amendment rights were violated under Indiana’s Automated Dialing Machine Statute, I.C. 24–5–14–1, which broadly prohibits autodialed telephone calls that announce recorded messages.

District Judge William T. Lawrence of the U.S. Court for the Southern District of Indiana granted summary judgment to the state Thursday in Patriotic Veterans Inc. v. State of Indiana, et al., 1:10-cv-723.

In ruling for the state and denying the PAC’s motion for summary judgment, Lawrence ruled Indiana’s statute “is content neutral and is a valid time, place, or manner restriction on speech, and, accordingly, it does not violate the First Amendment.”

Patriotic Veterans Inc. brought the current challenge after the 7th Circuit Court of Appeals ruled against the organization in 2013, holding that Indiana’s law was not preempted by the federal Telephone Consumer Protection Act.

Read more at: TheIndianaLawyer.com