by Max Brantley
Attorney General Dustin McDaniel issued an opinion today that shouldn't gladden anyone's heart, even if it happens to be legally correct. His opinion said, in summary:
while it is difficult to say definitively, in my opinion the portion of ACA 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 the U.S. Constitution. In contrast, the provisions of ACA 5-63-204(a)(1) prohibiting commercial robo-calls probably do not conflict with any federal laws, whether they be constitutional or statutory.