Yesterday I was watching CBS News about the new national Do Not Call list. The list is a way for people to register with the government to eliminate unwanted telemarketing phone calls. The marketers are complaining not only because they will cease to be able to call all those who put their numbers on the list, but because of some higher principle. They claim that they have a free speech right to drive everyone nuts with their incessant calling and almost equally ornery tendency to not even be on the line if you pick up the phone. All I can say is that if this was a legitimate claim (although I doubt it since commercial speech is not protected) then I guarantee that majority of Americans would be willing to scrap the first amendment.
Posted by at June 27, 2003 10:20 AMI was pretty much under the impression that the majority of Americans were already willing to scrap the first amendment. But yeah, protections for commercial speech have been a puzzling area of legal precedent for me. The recent decision by the SCOTUS to pass the buck on its big Nike case (http://www.nytimes.com/2003/06/27/national/27NIKE.html -- is there any way to embed links in comments with Movable Type?) doesn't help me out much, either.
Posted by: Matt Norwood at June 27, 2003 11:45 AMI do not think the issue in the Nike case had to do with whether or not commercial speech is protected under the first amendment. The question was whether the speech in question was commercial or just a discussion of the issues.
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