Appeals court upholds federal do not call registry, turns aside free speec

[papau]

http://www.boston.com/news/nation/washington/articles/2004/02/17/appeals_court_upholds_federal_do_not_call_registry_turns_aside_free_speech_challenge/

Appeals court upholds federal do not call registry, turns aside free speech challenge
By Steven K. Paulson, Associated Press, 2/17/2004

DENVER -- A federal appeals court upheld the government's do not call registry Tuesday, dismissing telemarketers' claims that it violates free speech rights and is unfair because it doesn't apply to charitable or political solicitations.

In an anxiously awaited opinion, the 10th U.S. Circuit Court of Appeals called the registry "a reasonable fit."

"We hold that the do-not-call registry is a valid commercial speech regulation because it directly advances the government's important interests in safeguarding personal privacy and reducing the danger of telemarketing abuse without burdening an excessive amount of speech," the court said.

The do-not-call registry, which took effect in October, contains more than 56 million phone numbers. Officials in the telemarketing industry did not immediately return calls seeking comment.

The appeals court overturned U.S. District Judge Edward Nottingham of Denver, who said the list violated the telemarketing industry's free-speech rights by barring calls from businesses but not charities.<snip>

[DuctapeFatwa]

1. Maybe the compromise could be to let both call businesses, but not homes

I think that is the sticky part of the free speech issue in telemarketing.

Another option could be to make it illegal to charge for an unlisted phone number.

[papau]

2. autodialers pick up unlisted!

there is no place to hide!

:-)

[DuctapeFatwa]

4. OK then back to let them call other businesses, but not homes

If you prefer to choose with whom you share your phone number, and my business is not included, my freedom of speech ends where your privacy begins.

[damnraddem]

5. I like a different compromise:

limit telemarketers to calling judges who find in their favor.

[kskiska]

3. I'm enjoying the peace and quiet of Do Not Call

I used to get a dozen calls a day, nowit's rare for me to get a call. I've got Caller ID, so they don't get picked up anyway.

[smb]

6. It's Not A Free Speech Issue

dismissing telemarketers' claims that it violates free speech rights

The only relevant issue is one of property rights -- I am paying for this phone, it's mine, and sales pests don't get to use it if I forbid them to do so.

[mbperrin]

8. That is correct!

I also don't have to open my door to people I don't want to!

[Robb]

7. Repeat after me:

"CORPORATIONS ARE NOT PEOPLE." :)

"industry's free-speech rights" is a nonsense statement.

[mbperrin]

9. Adam Smith, the "father" of economics, didn't even

think they were a valid form of business. Since they are people risking others' money, he considered them immoral and inefficient.