Do Not Call List is OK on speech grounds, says 10th Circuit (also think spam)

A big opinion handed down today in the anti-telemarketing struggle — with relevance, potentially, to the do not e-mail proposal related to spam.  The 10th Circuit overturned a lower court’s opinion to the contrary.  The CAN-SPAM Act of 2003 did not include a mandated “do not e-mail” list but required the FTC to go study it, which apparently is underway.

Some key language in the opinion: “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.”

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s