State v. Econ. Freedom Fund
Annotate this CaseIn this case, the State sought to enforce a particular provision of the Indiana Autodialer Law against an entity that used an automated dialing device to deliver prerecorded political messages. The trial court, on cross-motions for preliminary injunction, decided that the entity had a reasonable likelihood of success on the merits of its claim that the live-operator requirement of the Autodialer Law violated the free speech clause of the Indiana Constitution. The Supreme Court reversed, holding (1) the entity's First Amendment claim would likely fail, and (2) there was no reasonable likelihood of success on the merits of the entity's claim that the Autodialer Law's live-operator requirement materially burdened its right to engage in political speech in violation of the state Constitution. Remanded.
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