The 7th Circuit Court of Appeals rejected a challenge to an Indiana ban on robocalls, ruling that the measure didn’t violate the First Amendment.
Indiana’s Automated Dialing Machine Statute prevents a caller from using an automated telephone call that delivers a recorded message, with limited exceptions for such sources as school districts and employers.
The political action committee Patriotic Veterans Inc. challenged the law, saying it violated the group’s First Amendment rights, but the appeals court ruled that the measure didn’t discriminate based on content but rather restricted who may be called.
“Everyone has plenty of ways to spread messages: TV, newspapers and magazines (including ads), websites, social media (Facebook, Twitter, and the like), calls from live persons, and even recorded spiels if a live operator first secures consent,” wrote Judge Frank Easterbrook in the 7th Circuit’s opinion. “Plaintiff can ask its donors and potential donors to agree to receive robocalls. Preventing automated messages to persons who don’t want their peace and quiet disturbed is a valid time, place and manner restriction.”
The court’s opinion also noted that “most members of the public want to limit calls, especially cell-phone calls, to family and acquaintances, and to get their political information (not to mention their advertisements) in other ways.”
The court’s ruling could prove costly for robocallers who fail to heed its decision, as the penalty for violating the law is up to $5,000 per call.
