Gresham et al v. Rutledge
| Victor Gresham and Conquest Communications Group LLC |
| Leslie Rutledge |
| 4:2016cv00241 |
| May 4, 2016 |
| US District Court for the Eastern District of Arkansas |
| Little Rock Office |
| Out of State |
| J. Leon Holmes |
| Constitutionality of State Statutes |
| 28 U.S.C. ยง 1343 |
| Defendant |
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Filing
27
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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