[JURIST] A judge for the US District Court for the Eastern District of Arkansas [official website] ruled [opinion, PDF] Wednesday that an Arkansas law prohibiting political “robocalls” is unconstitutional. The judge stated that the law [materials] violates the First Amendment right to free speech, in particular political speech. The judge explained that as the law was a content-based restriction, strict scrutiny must be applied to determine its constitutionality. Strict scrutiny requires a law further a compelling interest and be necessary and narrowly tailored to achieve that interest. The Arkansas Attorney General [official website] identified three interests advanced by the legislation: first, protecting citizens from “unwanted, intrusive speech” in the home; second, the protecting citizens from “repeated, unwanted intrusions;” and third, “preventing seizure of phone lines, which could interfere with emergency calls being placed or received.” While the judge acknowledged the importance of these goals, he pointed to prior precedent in labeling these interests “substantial but not compelling.” The judge was also unconvinced the law was sufficiently narrowly tailored. The court enjoined the Attorney General from enforcing this portion of the law, but did not enjoin other portions of the law restricting robocalls in regards to offering goods or services and gathering of data.

The lawsuit was brought [Arkansasmatters report] on behalf of Conquest Communications and Conquest political consultant and manager Victor Gresham against the Arkansas Attorney General, Leslie Rutledge. Gresham and Conquest wish to utilize political robocalls to assist Arkansas politicians through “surveys, messages concerning voting, advocacy calls,” among other services. Following the ruling, Rutledge stated she would review the ruling and take action accordingly.