Justices Affirm Do-Not-Call Ruling

Reuters
Monday, October 4, 2004; 10:46 AM

The Supreme Court Monday let stand a lower-court ruling that telemarketers'
rights to free speech are not violated by the government's nationwide
do-not-call list.

Without comment, the justices rejected an appeal by commercial telemarketers
against the lower-court ruling, which upheld as constitutional the popular
program in which consumers can put their names on a list if they do not want
to be called by telemarketers.

"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 appeals court
said.

The Denver-based appeals court overturned a decision by a federal judge who
ruled the list unfairly discriminated against commercial speech.

The do-not-call list stemmed from regulations adopted by the Federal Trade
Commission and the Federal Communications Commission. The program went into
effect a year ago and subjects telemarketers to fines of up to $11,000 for
calling a number on the list.

< snip >

http://www.washingtonpost.com/ac2/wp-dyn/A5575-2004Oct4?language=printer



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