The Indiana Supreme Court ruled Thursday that a state law that requires a live operator on the phone before any recorded message is delivered does not violate the right to free speech or the right to participate in political speech.
The 4-1 decision involves a case that began in 2006 in which FreeEats.com, an automated phone messaging operator, sought to overturn an Indiana law that forbade so-called robocalls, or unsolicited calls with automated messages.
The case stemmed from automated calls the company made on behalf of a group called the Economic Freedom Fund during the 2006 congressional campaign.
“Robocalls generate a harm that directly impacts the interest of residential privacy,” the court said in its ruling.
The Supreme Court said a trial court “incorrectly found that FreeEats had a reasonable likelihood of success on its claim that the live-operator provision of the Autodialer Law violates … the Indiana Constitution.”