One legal scholar close to a federal case on this point,indicated that the
typical voice mail/answering machine message: "please leave a message at
the tone..." constitutes permission to do so by the automated calling
device. In any event...for federal office, the MN Sp.Ct. does not apply.
Steve Minn
----------
>From: "Darren Pierson" <[EMAIL PROTECTED]>
>To: [EMAIL PROTECTED], [EMAIL PROTECTED]
>Subject: Re: Automated dialing
>Date: Mon, Nov 6, 2000, 2:05 PM
>
> All list members, and especially Minneapolis voters that receive these calls
> (In an effort to keep this Mpls specific, List-Manager) need to know that
> the Minnesota State Supreme Court upheld the ruling that even for political
> purposes, there has to be a live person on the line before the tape-recorded
> voice message starts to play.
>
> In no way is it an attepmt to restrict free-speech, it simply gives the
> person answering the call the opportunity to deny it. It's more of a choice
> issue than a freem speech issue.
>
> Personally, it's lazy campaigning...
>
> Cheers!
>
> Darren Pierson
> St. Paul-Ward 1
>
>
>>From: "Steve Minn" <[EMAIL PROTECTED]>
>>To: [EMAIL PROTECTED] , Multiple recipients of list
>><[EMAIL PROTECTED]>
>>Subject: Automated dialing
>>Date: Mon, 06 Nov 2000 13:51:48 -0600
>>
>>Many thanks to Mr. Pierson for posting the statute regarding automated
>>dialing, but a correction is necessary regarding illegality.
>>
>>The statute is primarily intended for commercial marketing purposes, not
>>restriction of free speech expression. I doubt the statute meets a
>>constitutional test on the free speech doctrine, let alone the
>>jurisdictional question for President. US Senate or Congress. He may have
>>a
>>point for state races, but then again, there's that nagging free speech
>>doctrine. Most candidates who were warned about this have decided to go
>>ahead anyway, primarily because of this basic constitutional protection.
>>
>>In any event, I have done this type of calling myself in past campaigns,
>>and
>>it is very cost effective. It is particularly good if run during the day,
>>when people are not home. The recorded message left on voice mail or
>>answering machines can not be discerned as anything less than an actual
>>call.
>>
>>Interestingly, though it was the DFL party and DFL Atty. General Mike Hatch
>>who complained to the Foley (4th CD) Campaign about the Ventura calls a few
>>weeks ago, it is the DFL that is making calls from "President Clinton" and
>>"Al Gore" throughout the Metro and in particular, Minneapolis.
>>
>>Steve Minn
>>
>>----------
>> >From: "Darren Pierson" <[EMAIL PROTECTED]>
>> >To: Multiple recipients of list <[EMAIL PROTECTED]>
>> >Subject: Re: Jessie knows my number!
>> >Date: Mon, Nov 6, 2000, 12:55 PM
>> >
>>
>> > These automated dialing calls are against the law. I think many
>>campaigns
>> > have been advised to cease this activity, but obviously it's continuing
>>with
>> > others. Here is the statute number and web site to view the actual
>> > language...
>> >
>> > Be advised, if your campaign is taking part in this activity, they are
>> > breaking the law...
>> >
>> > 325E.27
>> >
>> > http://www.revisor.leg.state.mn.us/stats/325E/27.html
>> >
>> > Cheers!
>> >
>> > Darren Pierson
>> > St. Paul-Ward 1
>> >
>> >
>> >
>> >
>> >>From: "R.T.Rybak" <[EMAIL PROTECTED]>
>> >>Reply-To: [EMAIL PROTECTED]
>> >>To: Multiple recipients of list <[EMAIL PROTECTED]>
>> >>Subject: Jessie knows my number!
>> >>Date: Mon, 6 Nov 2000 11:39:43 -0600
>> >>
>> >>I just got a call from Jesse Ventura. Well, actually it was a RECORDED
>> >>call...on behalf of the Independence legislative candidate in my area. I
>> >>found it interesting that the Indepdence Party is working harder in this
>> >>race, it seems, than the Republicans.
>> >>
>> >>I also saw evidence of that this weekend when I was leafleting for Neva
>> >>Walker, and found lots of Independence literature on doorsteps...but
>>none
>> >>for Republicans.
>> >>
>> >>It is list-appropriate to ask what other tactics people are seeing to
>>turn
>> >>out city voters?
>> >>
>> >>R.T. Rybak
>> >>East Harriet.
>> >>
>> >
>> >
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>
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