United States Seventh Circuit

Summary judgment for state in a First Amendment challenge to a commercial do-not-call statute is affirmed where: 1) the statute was subject to a lesser standard than strict scrutiny; 2) the statute curtails telemarketing while excluding speech that historically enjoys greater First Amendment protection, thus is not underbroad; and 3) the state interest outweighs the plaintiffs' First Amendment interest.

Appellate Information

• Argued 05/03/2006
• Decided 07/28/2006
• Published 07/28/2006

Judges

• FLAUM, Chief Judge., Before FLAUM, Chief Judge, and EVANS and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Errol Copilevitz (argued), Kansas City, MO, for Plaintiffs-Appellants.


• For Appellees:
  
• Thomas M. Fisher (argued), Office of the Attorney General, Indianapolis, IN, for Defendant-Appellee.