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7th Circuit allows Indiana to enforce ban on out-of-state robo-calls

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The 7th Circuit Court of Appeals has ruled that Indiana is allowed to enforce the statute that restricts out-of-state robo-calls while an appeal on the issue is ongoing.

On Monday, the Indiana attorney general filed a motion to stay the injunction ordered Sept. 27 by U.S. Judge William Lawrence in Indianapolis which blocked the state’s enforcement of the Indiana Automatic Dialing Machine Statute, or Indiana Code 24-5-14-1. Lawrence ruled the state statute is preempted by a more lenient federal law and can’t be enforced against out-of-state callers. That was a victory for the Illinois-based nonprofit Patriotic Veterans that had argued its First Amendment right was being violated because it couldn’t make politically related calls leading up to elections.

Lawrence denied a motion to stay earlier this month, but now this appellate order means Indiana can again enforce the statute.

“This is truly great news – the holiday season for the people of Indiana will include the peace and quiet we have come to enjoy, without the threat of abusive robo-calls,” AG Greg Zoeller said in a statement. “This court action follows the withdrawal of a bill before Congress that would have allowed robo-calls to cell phones. The people of Indiana who appreciate our Do Not Call laws have much to celebrate.”

Last week, U.S. Rep Lee Terry, R-Nebraska, pulled the legislation he sponsored that would have allowed these calls to be made to cell phones. Zoeller traveled to Washington, D.C., to lead an effort against the bill, known as the Mobile Informational Call Act of 2011. A joint letter was sent by nearly all state attorneys general asking Congress to oppose the bill.

The future of the Indiana auto-dialer law remains unclear until the 7th Circuit considers the appeal. Briefing is set to conclude by the end of December, according to the federal court docket.

 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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