State v. Economic Freedom Fund

DAVID, Justice.

In this case, the State seeks to enforce a particular provision of the Indiana Auto-dialer Law against an entity that uses an automated dialing device to deliver prerecorded political messages. The trial court, on cross-motions for preliminary injunction, decided that the entity had a reason*798able likelihood of success on the merits of its claim that the live-operator requirement of the Autodialer Law violates the free speech clause of the Indiana Constitution.

We hold that the entity’s First Amendment claim would likely fail. We also hold there is no reasonable likelihood of…