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Friday, July 28, 2006

Ind. Decisions - 7th Circuit upholds "no-call list" statute

In Nat'l Coalition of Prayer v. Steve Carter (SD Ind., Sarah Evans Barker, Judge), a 32-page opinion, including a concurring opinion by Judge Williams beginning on p. 17), Chief Judge Flaum writes:

Plaintiffs are charities that Indiana’s Telephone Privacy Act (“the Act”) precludes from fundraising through professional telemarketers. They claim that the Act violates their First Amendment right to freedom of speech because it is content-based, underbroad, and a prior restraint on speech. The district court granted summary judgment to the State, and Plaintiffs now appeal. For the following reasons, we affirm the decision of the district court. * * *

Because the Act sharply curtails telemarketing—the speech that was most injurious to residential privacy— while excluding speech that historically enjoys greater First Amendment protection, we are satisfied that the Act is not underbroad. Therefore, applying Rowan, we believe that the state’s interest in protecting residents’ right not to endure unwanted speech in their own homes outweighs any First Amendment interests the Plaintiffs possess.

Here is a link to a 9/17/05 ILB entry concerning Judge Barker's opinion.

Posted by Marcia Oddi on July 28, 2006 12:33 PM
Posted to Ind. (7th Cir.) Decisions