No longer will families on the Federal “Do-Not-Call” list be confused as to whether the oven is buzzing or the phone is ringing. On Oct. 4, the United States Supreme Court upheld the decision by the 10th Circuit Court of Appeals and supported the Federal “Do-Not-Call” list passed by Congress last September. The decision protects the privacy of private citizens and draws a necessary line between free speech and commercial speech.
The list contains more than 64 million phone numbers which are now off-limits to solicitations by private businesses. A fine of $11,000 will be imposed on each caller in violation of the regulation. Charities, callers on behalf of political candidates and pollsters, however, are not required to adhere to the no-call list.
Telemarketing groups argue that the regulation unfairly discriminates against private enterprise in violation of their First Amendment rights. They also argue that the list will force the layoff of two million of the 6.5 million telemarketing workers nation-wide within two years. This cost is outweighed by the right to privacy of those on the list.
However, one wonders how the original court came to the conclusion that charities, pollsters and political intermediaries should be exempt. People signed up for the list so that all solicitors-not just those seeking profit-would stop calling them. The decision implies that some messages have a higher merit than others, a possible inconsistency in the ruling.
Regardless, the Supreme Court has wisely used this opportunity to make headway for citizens against the dubious efforts of large corporations.
