I wonder how list members distinguish the do-not-call list from vouchers and the other establishment clause cases that turn on the private intermediary who has a role in implementing government policy.
If those cases are on point or at least relevant (I incline toward relevance but not on-pointness), is it still crucial that the do not call list is limited to commercial speech? If so, then if people could pick from a menu of different kinds of calls that they would like to ban, would the program no longer raise speech concerns? John T. Parry Associate Professor of Law University of Pittsburgh School of Law 3900 Forbes Avenue Pittsburgh, PA 15260 412-648-7006 -----Original Message----- From: Discussion list for con law professors [mailto:[EMAIL PROTECTED] On Behalf Of Robin Charlow Sent: Monday, September 29, 2003 12:44 PM To: [EMAIL PROTECTED] Subject: Re: Do Not Call - the constitutional question [EMAIL PROTECTED] 09/29/03 11:57AM wrote: I wonder if others are concerned, as I am, about the government serving as the agent of individuals' preferences and prejudices about speech they like and dislike. . . . I understand that the government does serve as the agent of individual rights and interests -- e.g. the right to property (trespass), to quietude (noise ordinances, et al) . . . . But it is nevertheless a troubling posture for government to be in, especially if government's purpose would be to facilitate people's "right" not to hear . . . . Might the government in this case be protecting individuals against something that is akin to trespass? That is, is an unwelcome telephone call significantly different from the caller walking into your vestibule to convey his/her speech message? I realize there are differences (eg, a physical intrusion may raise concerns about physical safety), but if the argument is that, because it is speech, it is inappropriate for the government to protect you against it even in the privacy of your home, it's not clear why trespass-like considerations shouldn't count on the side of government regulation.
