Judge won't allow auto-dialer statute enforcement during appeal

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Balancing free speech rights with the public interest in preventing automated political calls from out-of-state entities, U.S. Judge William Lawrence in Indianapolis denied the state’s request to continue enforcing Indiana’s auto-dialer statute while a higher court is considering his ruling from two months ago that blocked enforcement.

The Southern District of Indiana judge issued a three-page ruling Tuesday, denying a motion to stay while the underlying case – Patriotic Veterans v. State of Indiana, No. 1:10-CV-723 – is on appeal to the 7th Circuit Court of Appeals.

Filed in June 2010, this case involves an Illinois-based nonprofit that sued Indiana on claims that a state law violates the group’s First Amendment rights by not allowing it to make political calls leading up to elections. Patriotic Veterans claimed the Indiana law is preempted by the similar but more lenient federal Telephone Consumer Protection Act. Unlike the state statute banning all pre-recorded telemarketing calls unless the consumer has given consent, the federal law makes exceptions for nonprofit groups, telephone carriers and politicians.

Lawrence ruled Sept. 27 that the 1986 state statute is preempted by the federal law and cannot be enforced. In footnotes, the judge wrote that he has limited his decision to the preemption issue and is not addressing the First Amendment claims, and that he’s declining to enter a broader injunction that would apply to more than political messages even though the court’s ruling could support that.

After filing an appeal in early October, the state asked Lawrence to stay the injunction while the appeal is active. But the judge found the state’s arguments fell short as to why the injunction should be lifted and the calls should be prevented. He wrote that the state’s reliance on the successful Do No Call Law is misplaced and doesn’t prove that Indiana residents would not want automated calls on political issues.

“Absent the injunction, the Plaintiff would be prohibited from making automated calls to Indiana citizens expressing political views during the upcoming election season,” Lawrence wrote. “The Court finds that this lost opportunity to use an economical and efficient means to engage in the political process would constitute substantial injury to the Plaintiff and others. Given this balance of potential harm, the Court determines that even if it is assumed that the Defendants have shown a likelihood of success on the merits, they are nonetheless not entitled to the extraordinary remedy of a stay pending appeal.”

The appeal is pending before the 7th Circuit and the federal court docket shows briefing is set to conclude by the end of December.



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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.