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SCOTUS declines Indiana robo-call case

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The Supreme Court of the United States came back for its 2012 session Monday and decided it will not take the appeal filed by a provider of prerecorded telephonic messages seeking to overturn enforcement of a ban on automated robo-calls in Indiana.

FreeEats.com Inc. used an artificially intelligent calling system to contact residents throughout the country on behalf of its clients, including Economic Freedom Fund. The messages were political in nature. In 2006, Indiana filed a complaint alleging FreeEats.com had violated the state’s Autodialer Law. FreeEats.com contended the law violates the Indiana Constitution’s free speech clause.

The trial court ruled in favor of FreeEats.com, denying in part and affirming in part a preliminary injunction request from FreeEats.com. But the Indiana justices in a 4-1 decision in December 2011 held that the state can continue enforcing a ban on automated robo-calls, finding the law serves a significant government interest in trying to prevent unwanted calls.

Justice Frank Sullivan dissented, believing the statute at question imposes an unconstitutional material burden on political speech under the state and federal constitutions.
 
The U.S. justices also declined certiorari Monday in a dispute between the Family and Social Services Administration and a decertified intermediate care facility. In March, the Indiana Supreme Court affirmed the trial court’s denial of restitution to New Horizon Development Center for the months it did not receive Medicaid reimbursement from the state.

It operated for nine months after its certification was revoked following an inspection and sought the money from the state to cover costs to care for patients until all could be transferred to other facilities.

Bryan Brown, the Kansas attorney who was denied admission to the Indiana bar, will not have his case heard by the U.S. Supreme Court. Brown sued various state actors after he was referred to the Judges and Lawyers Assistance Program for an evaluation. The 7th Circuit Court of Appeals in February held his suit was barred because of the Rooker-Feldman doctrine.  

The complete order list from the SCOTUS is available online.

 

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  1. Good riddance to this dangerous activist judge

  2. 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.

  3. 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.

  4. 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.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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