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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It operated for nine months after its certification was revoked following an inspection and sought the money from the state to cover costs to care for patients until all could be transferred to other facilities.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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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