A U.S. District Court in Greenville has ruled that an S.C. law that bans political robo-calls is unconstitutional.
The order, signed by U.S. District Court Judge Michelle Childs June 10, is part of an ongoing lawsuit that Robert Cahaly, a former campaign consultant to ex-Lt. Gov. Ken Ard, filed after he was arrested in 2010 for robo-calls, or automated phone calls, traced to him.
After the charges against Cahaly were dismissed, he filed a lawsuit against the state, claiming his First Amendment rights were violated.
Cahaly was accused of targeting six female Democratic candidates for the S.C. House in the call, according to the court order. One call asked listeners if a Democratic candidate should invite U.S. Rep. Nancy Pelosi, D-Calif., to campaign with her. The listener was prompted to answer yes or no by using the telephone key pad.
The court order says the state attorney general previously had interpreted the law to allow political robo-calls as long as they are delivered to an answering machine or conducted a survey.
The court ruled state law unfairly singles out political speech, agreeing with Cahaly that the law violated the First Amendment. The ruling only applies to political robo-calls, not to automated commercial phone calls, which also are restricted by state law.
“This ruling in favor of free speech isn’t just a win for me,” Cahaly said. “It’s a win for the Constitution and most especially the Bill of Rights.”
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