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Patriotic Veterans seeks to lift ban on robo-calls for primary

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An Illinois-based nonprofit that wants to make political robo-calls in Indiana for the May primary has asked the 7th Circuit Court of Appeals to lift a stay banning the company from doing so.

Patriotic Veterans Inc. asked the 7th Circuit to reconsider its Dec. 21 decision to allow Indiana to enforce a statute restricting out-of-state robo-calls. In its motion filed April 20, the nonprofit argues that Indiana’s May 8 primary election includes several significant contested races and the organization has been asked to “place interstate political phone calls in advance of this important election by using the technology prohibited by Indiana’s Automatic Dialing Machine Statute.”

Patriotic Veterans claims that the stay is detrimental to the organization and Indiana voters because it prevents Patriotic Veterans from “engaging in core political speech during an election cycle.”

The state opposes the motion, arguing that Patriotic Veterans cited no new facts or circumstances that justify lifting the stay. The state writes in its brief that “Indiana citizens will suffer great harm to their residential privacy if the stay is lifted and PVI acts as if it has a license to flood Indiana homes with calls.”

In September, U.S. Judge William Lawrence ruled that Indiana’s Automatic Dialing Machine Statute is preempted by federal law and the state couldn’t prevent out-of-state entities from placing political robo-calls to Hoosiers. That decision was appealed, and the stay was issued allowing Indiana to enforce the statute pending a 7th Circuit decision.

The 7th Circuit has not ruled on Patriotic Veterans’ motion.

 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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