http://www.nwitimes.com/news/state-and-reg...a703a451a8.html

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INDIANAPOLIS | The Indiana Supreme Court ruled Thursday the state's ban on automatically dialed, prerecorded telephone calls is allowed under Indiana's Constitution.

In a 4-1 decision, the state's high court said Indiana's requirement that a live operator receive permission before playing a prerecorded message does not unfairly burden free speech because the live-operator requirement applies to all callers and the government has an interest in protecting residential privacy.

Justice Frank Sullivan Jr. dissented from the ruling, saying the "economic burden" of hiring live operators makes the robocall ban unconstitutional.

"This burden is so substantial that it eliminates an entire mode of widely used and effective communication from political discourse," Sullivan said.

The court's ruling removes a preliminary injunction granted in June 2010 that blocked Attorney General Greg Zoeller from enforcing Indiana's robocall ban.

But the robocall law still is in doubt because a federal court ruled in September that a federal law permitting interstate robocalls trumps Indiana's law barring them.

Zoeller has appealed that decision to the 7th U.S. Circuit Court of Appeals in Chicago, which gave Zoeller permission to enforce the robocall ban while it decides the status of the law.

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