WASHINGTON-It looks like 50 million Americans who were looking forward to Wednesday to have an uninterrupted dinner with their families will have to wait because the wildly popular do-not-call list was declared unconstitutional on the same day that Congress raced to beat back another court challenge.
“The court rejects the Federal Trade Commission’s position and holds that the do-not-call registry sufficiently involves the government in the regulation of commercial speech to implicate the First Amendment,” wrote Judge Edward Nottingham of the U.S. District Court of Colorado. “The FTC by exempting charitable solicitors from the amended rules do-not-call registry, has imposed a content-based limitation on what the consumer may ban from his home. . The mechanism purportedly created by the FTC to effectuate consumer choice instead influences consumer choice, thereby entangling the government in deciding what speech consumers should hear. This entanglement creates a regulatory burden on commercial speech.”
Judge Nottingham’s ruling came out at the end of an extraordinary day where Congress passed a bill to overturn another ruling-this time from Judge Lee West of the U.S. District Court for the Western District of Oklahoma. Lee said the FTC had not been authorized by Congress to create the list. Congress quickly gave permission.
The ruling from Judge Nottingham was released too late for even the White House press office, which issued a statement praising Congress but remaining silent on the constitutional question.
Congress’ quick action was the result of outcry and amazement that Judge West would stay the do-not-call list. After the ruling became public lawmakers held press conferences, released statements and trudged to their respective chamber floors to speak. Sen. Diane Feinstein (D-Calif.) was one of these rising to speak, saying she was amazed.
“The Direct Marketing Association is asking its members and the entire telemarketing industry to respect the wishes of consumers who have registered for the Federal Trade Commission’s National Do Not Call Registry, even though [federal court rulings] appear to have put mandatory compliance with the no-call list into question,” reads the DMA web site.
Telemarketers have long derided the do-not-call list, but the fines for registered users could have been substantial-$11,000 per call.
The Senate Judiciary Committee tried to solve another annoyance in modern-day life-spam.
The Judiciary Committee passed a bill that will allow for criminal penalties for spamming.
Congress is also considering other bills to curb or reduce spam.
On the state front, embattled California Gov. Gray Davis (D-Calif.) signed legislation this week that is said to be the strongest attempt yet to curb spam.
