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Telemarketers suit says do-not-call list violates free speech


Telemarketers have made another legal attempt to postpone the governments do-not-call list, saying the national registry goes against freedom of speech and will cause millions of layoffs. Freedom of speech is not simply the personal right of individuals to have their say it is also the right of the rest of us to hear them. This regulation, which allows consumers to sign up for a ``do-not-call list that places them off-limits to telemarketing calls, takes that right away from both the caller and the receiver.


Beginning in September, telemarketers will be required to buy the list and take the phone numbers off of their marketing lists.``Two million jobs will be lost, and we dont see them coming back, said Tim Searcy, ATA(American Telemarketers Association) executive director. Freedom of speech has never been interpreted in absolute terms, so this new regulation is not automatically violating the Amendment. In the complaint filed with the FCC, the ATA said that the new rules contain ``serious First Amendment and Equal Protection problems because they throw a ``pre-emptive blanket over only commercial telemarketers . . . while granting free license for political, religious and non-profit calls.


The FCC said when it released the new rules that they are in line with the First Amendment because they have a ``substantial governmental interest in protecting residential privacy and ``telemarketing calls are a substantial invasion of residential privacy. Six or so legal actions have been taken against the do-not-call list. All of them are pending court action soon..


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The first amendment states that everyone has the right to express themself through speech as an American citizen. This law can be interpreted very loosely sometimes though, and in this case the government feels that telemarketers are doing more invading of privacy, then expressing themselves. Although the loss of jobs is tragic, I don’t think too many people will be arguing about the decision.


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