National Coalition of Prayer v. Carter
United States Court of Appeals for the Seventh Circuit
455 F.3d 783 (2006)
- Written by Miller Jozwiak, JD
Facts
The State of Indiana (Indiana) (defendant) passed the Indiana Telephone Privacy Act (ITPA). The ITPA created a statewide list that Indiana residents could join in order to not be called by telephone solicitors for sales calls. Telephone solicitors included persons doing business in Indiana who called for the purpose of, among other things, obtaining charitable contributions. The ITPA, however, also had certain exemptions. One of those exemptions allowed for calls on behalf of federally tax-exempt charities if the calls were made by volunteers or employees who immediately disclosed their names and contact information. A group of federally tax-exempt charities (plaintiffs) sued Indiana for violating their rights under the First Amendment. Specifically, the charities argued that by limiting their callers to only employees and volunteers, the ITPA impermissibly restricted their ability to use telemarketers to solicit donations from citizens who signed up for the do-not-call list. The parties both moved for summary judgment, and the district court sided with Indiana. The charities appealed.
Rule of Law
Issue
Holding and Reasoning (Flaum, C.J.)
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