FCC To Enforce Do Not Call List, Not FTC

Iphtashu Fitz writes "The Associated Press is reporting that the Federal Communications Commission will step in and enforce the national Do Not Call list for the Federal Trade Commission. The FCC is coming to the aid of the FTC because of the recent lawsuit filed against the FTC over the list."

Comments

first amendment

[ih8apple]

From the New York Times(no reg required):
"another federal judge issued a ruling that would prevent the government from carrying out the do-not-call registry, citing First Amendment grounds."

According to this, the FCC has no more right to enforce it than the FTC.

Brief Explanation

[Valdrax]

A quick Google search turns up the history. To summarize, it's a matter of whether or not commercial interests have the same rights as citizens. The Nike case that the Supreme Court recently dimissed highlighted very passionate arguments from both sides of the issue of Corporate Personhood.

The DNC does restrict speech. It restricts the ability of a telemarketer to call you up and talk to you. "Free speech" in its most literal form cannot be taken to mean anything different. However, the Supreme Court has ruled numerous times that several forms of speech are not protected. Libelous or slanderous speech is not protected. Speech that leads directly to physical harm, such as the classic "yelling, 'Fire!' in a crowded theater" is not protected. Speech that somehow violates your property rights, such as political or religious campaigning on your doorstep or in your house is not protected. For many years, neither was commercial speech in many ways, and discrimination of content based on the fact that it is commercial in nature has been allowed. This is the discrimination that the telemarketers seek to attack.