McDaniel faults law banning political robocalls | Arkansas Blog

Friday, April 8, 2011

McDaniel faults law banning political robocalls

Posted By on Fri, Apr 8, 2011 at 3:07 PM

Attorney General Dustin McDaniel issued an opinion today that shouldn't gladden anyone's heart, even if it happens to be legally correct. His opinion said, in summary:

while it is difficult to say definitively, in my opinion the portion of ACA 5-63-204(a)(1) that prohibits robo-calls "in connection with a political campaign" is highly suspect when considered in relation to the First Amendment to the U.S. Constitution. In contrast, the provisions of ACA 5-63-204(a)(1) prohibiting commercial robo-calls probably do not conflict with any federal laws, whether they be constitutional or statutory.

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