Gresham et al v. Rutledge
||Victor Gresham and Conquest Communications Group LLC
||May 4, 2016
||Arkansas Eastern District Court
||Little Rock Office
||Out of State
||J. Leon Holmes
|Nature of Suit:
||Constitutionality of State Statutes
|Cause of Action:
|Jury Demanded By:
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|July 27, 2016
OPINION AND ORDER: According to the United States Supreme Court, a state-imposed, content-based restriction on speech can be enforced only if it passes the strict scrutiny test, and it is a rare case that survives strict scrutiny. The statute at issu e here imposes a content-based restriction on speech; it is not one of the rare cases that survives strict scrutiny. The state has failed to prove that the statute at issue advances a compelling state interest and is narrowly tailored to serve that i nterest. A decree will be entered separately enjoining Leslie Rutledge, in her official capacity as Attorney General of the State of Arkansas, from enforcing Ark. Code Ann. § 5-63-204(a)(1) insofar as that provision applies to telephone calls made in connection with a political campaign. Signed by Judge J. Leon Holmes on 7/27/2016. (ljb)
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