Legal Opinion
Opinion No.
Arkansas Attorney General Reports
Decided April 8, 2011Published
1Opinion of the Court
The Honorable Lindsley Smith State Representative
340 North Rollston Avenue Fayetteville, Arkansas 72701-4178
Dear Representative Smith:
You have asked for my opinion on whether A.C.A. § 5-63-204(a)(1) (Repl. 2005), which prohibits certain so-called "robo-calls," is preempted by or otherwise conflicts with "federal law."
RESPONSE
For the reasons explained below, while it is difficult to say definitively, in my opinion the portion of subsection 5-63-204(a)(1) that prohibits robo-calls "in connection with a political campaign" is highly suspect when considered in relation to the First Amendment to…
2Cases cited24 opinions
- Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
- Thornhill v. AlabamaSupreme Court of the United States · 1940
- R. A. v. v. City of St. PaulSupreme Court of the United States · 1992
- Garrison v. LouisianaSupreme Court of the United States · 1964
- Turner Broadcasting System, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1994
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