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  • DO NOT CALL UPDATE

    Filed at 5:56 am under by dcobranchi

    Another federal judge has halted the implementation of the “Do Not Call” list. Wednesday, a federal judge had ruled that Congress hadn’t given the FTC the authority to establish the list. Personally, I thought it a fairly lame ruling, and that Congress had been clear about what they wanted. Well, Congress made it crystal clear yesterday and voted overwhelmingly to explicitly authorize the FTC to create and enforce the DNC list.

    Enter stage left- Second federal judge. This one ruled that the DNC list unconstitutionally limits commercial speech while exempting political and “charitable.” This is a more substantive ruling. The First Amendment cannot be “fixed” by Congress (thank God!). Stay tuned, folks; this one’s sure to go to the SCOTUS.

    2 Responses to “DO NOT CALL UPDATE”


    Comment by
    Skip Oliva
    September 26th, 2003
    at 5:15 pm

    The FTC did not have explicit authority to implement Do Not Call; the FCC did. That’s what the first judge said. The FTC simply decided to create a list on its own accord, and Congress gave tacit approval (via appropriations) after the fact. Such cart-leading-the-horse machinations are bad constitutional process. The FTC should simply have obtained express congressional authority before proceeding.


    Comment by
    Daryl Cobranchi
    September 26th, 2003
    at 5:52 pm

    Skip,
    Thanks for the clarification; I missed the FCC/FTC connection.