No Call List
Jeff said:
Martin v. Struthers is an interesting read, and contrary to your statement, it prohibits a ban on door-to-door solicitation imposed by government, it ruled the Struthers ordinance unconstitutional.
Yeah, you're right. They did seem to indicate that the only way cities could go after solicitors is if the homeowner him- or herself made their wishes clear (via 'no solicitors' signs, etc). But of course, I think even then it was content-neutral, wasn't it? I should probably go back and read it.
I don't know if anything similar has come up in the courts since, but I would interpret this as saying, at the time, that a "do not call list" is a perfectly valid way to restrict this communication. The medium has changed, but the ideas aren't that different.
The only case I can think of that somewhat pertains is City of Cincinnati v. Discovery Network (early 90s maybe?). I know very little about the case, but I think the Court struck down a city ordinance that banned newsracks carrying purely advertising publications but not other newsracks (carrying 'typical' news publications). I think the Court said something along the lines of it being unconstitutional because both types of newsracks posed the exact same harm, so the content-based restriction would be impermissable. This might apply here, unless there can be an argument made that commercial phone calls are inherently more intrusive than non-commercial calls.
2. Getting an unlisted number does nothelp you as much as you think it does. I once trained as a financial services broker (insurance, annuities, stocks, etc.). One of the first tools we learned about was a phone sales directory. It cross indexes phone numbers. So you can select a neighborhood and go right down the street, house by house, in order, calling every phone number. Or you can pick a zip code, or income bracket, or owners of SUVs, or subscribers to Business Week, or football season ticket holders, etc., etc. They might not be listed in the public directory, but every phone number is in those sales directories.
3. if you're a mean vengeful person and would like to return the favor of unwanted, annoying phone calls, here's the number of the American Telemarketing Association : 317-816-9336. Oh, by the way, it's unlisted. And they don't want you calling them because "it interferes with their day, is inconvenient, and takes up valuable time to answer and respond."
*** This post was edited by Trekker Park 10/5/2003 12:37:26 PM ***
"They're are?" Which well-respected people are those? How many judges do you know? I've known six and served on a jury in a criminal case. What's your experience?
1. Bill O'Reilly
2. Sean Hannity
3. Pat Buchanan
4. Pat Robertson
Please, Jeff, if you don't think there are at least some judges out there trying to advance political agendas, then you've been living in a foxhole. And by judges, I don't mean the worthless magistrates down the road or the little judge in town. I'm talking about certain major federal courts. Being on a jury doesn't make anyone an expert on the constitution, not saying that I am.
Form your own opinion, you'll be much better off.
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Jeff - Webmaster/Admin - CoasterBuzz.com - My Blog
Blogs, photo albums - CampusFish
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Jeff - Webmaster/Admin - CoasterBuzz.com - My Blog
Blogs, photo albums - CampusFish
What time does the water show start?
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