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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. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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