[CLUE-Talk] telemarketing list

[Charles Oriez]

At 05:18 AM 9/26/2003 -0600, G. Richard Raab wrote:


>Folks, before getting all upset about it, realize that the judge saw
>preferential treatement of non-profit vs profit, which is discriminatory.
>The list will be back but with all businesses being barred.
>This is not a bad thing .



>So please, do not be bothering the judge.
>He did the right thing.


Sure, I would prefer that non-profits and politicians be barred as well.  I 
also came within 24 hours once of pressing harassment charges and getting a 
restraining order against the Lupus Foundation.  The law could be expanded 
to cover political and non profit solicitations without being 
unconstitutional.  However, it doesn't, and that does not make this law 
unconstitutional.  Under the Central Hudson doctrine, legislators can enact 
statutes that limit the time, place, and manner of commercial speech if 
there is a legitimate community interest involved.  The courts have ruled 
in other cases that protecting privacy and reducing harassment constitute 
those legitimate community interests. 51 million people signing up for the 
list also suggests the existence of a legitimate community interest.

I'm not advocating harassing the judge, which Colorado law defines as my 
making repeated phone calls.  However, he can not expect a higher order of 
protection for his phone number than he is willing to permit for my phone 
number, without violating the equal protection clause of the 
constitution.  That means that every one of those 51 million people 
inconvenienced by his ruling have the right to call him up, and be 
individually asked to stop calling him.


Charles Oriez, coriez at oriez.org
39  34' 34.4"N / 105 00' 06.3"W
**
A local Denver judge ruled that the FTC could not create a DNC list to 
protect us from unwanted telemarketing calls, because unwanted 
telemarketing calls are protected by First Amendment provisions related to 
free speech.  The judge who made the ruling was Edward Nottingham, who can 
be reached at  (303) 844-5018