Political Action Committee Attempts to Over Ride State Laws That Ban Robocalls, Including Political Robos

Shaun Dakin, CEO, StopPoliticalCalls.org

STATEMENT

Citizens for Civil Discourse is dismayed that a Political Action Committee, in this case the American Future Fund, is asking the Federal Election Commission (FEC) to over ride individual state laws that ban all robocalls, including political calls.  There are many states in which robocalls, commercial and political, are banned.  Indiana, Minnesota, Oregon and Arkansas are a few in which residents of those states live free from having their dinner interrupted and babies woken up.

Comments are due today to the FEC regarding this attempt by the AFF to over ride all existing state laws that ban pre-recorded telephone calls (robocalls).  

The AFF's argument is that pre-recorded telephone calls are political speech and therefore should be regulated by the FEC rather than by individual states.  This is because the FEC regulates other forms of political speech such as advertising, such as TV ads.

My organization, Citizens for Civil Discourse, will be filling formal written comments to the FEC today in which we ask that the FEC deny AFF's request.  

We believe that each state has the right to regulate consumer issues and that the right to be free from automated pre-recorded telephone calls, regardless if they are political or commercial in nature, is something that every American demands. It is incorrect to believe that states are not able to regulate "instrumentalities" that become objects of use during a political or advocacy campaign. 

For example, state traffic laws affect campaigners going to and from events and gun laws are still applied to campaigners at pro-gun rallies.    As a result, just because a regulation impacts those in the political context does not mean the state is trying to regulate the political discourse.  Rather, issues like privacy, safe roads, and safety from violent harm are legitimate interests of their own that legislators at the state level must able to protect.

  Shaun Dakin

UPDATE:  The press has just written about this issue.

1. Star Tribune (MN) - Link here
2. Chicago Tribune (AP) - Link here

If you are interested, here is a link to a map of all state robocall laws.  Click here.