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09/24/2003 Archived Entry: "'Do not call' list on hold"

EVEN THE HARDEST CORE LIBERTARIAN PROBABLY LIKED THE IDEA: A federal court today put the "Do Not Call" list on hold, ruling that the FTC did not have the authority to set up and operate the list.

Judge Lee West ruled that the Federal Trade Commission cannot enforce the do-not-call registry. The FTC has signed up some 50 million phone numbers for the list, which was due to become effective Oct. 1.

In a statement Wednesday, the DMA acknowledged that millions of American do not want to receive telephone marketing calls. The group said it supports the idea of a list for consumers to express their preference not to be solicited by telephone, and pointed out that for years it has offered its own no-call system for consumers.

It's a half truth but I suppose just true enough. At any rate, this is why I own a cell phone and do not use a landline any more. In the two and a half years I've only used a mobile phone, I've received two phone calls from people I didn't know and both were wrong numbers.

I have to admit that I rather like the ruling in the sense that it confirms corporations do have rights. Unfortunately they seem to be narrowly defined. Telephone marketing calls are corporate speech, but courts have ruled that corporate speech isn't as protected as "regular" speech...and telemarketing calls are alright but cigarette ads aren't. What about telemarketers pitching cigarettes?

That said, I'm still curious about the logic: No one forces me to view cigarette ads, I can turn my head. Telemarketers, however, rely on my spending money to acquire a telephone and pay for service so that they can pitch me their exciting vinyl siding deals. My apologies but your right to free speech ends at the beginning of my driveway.

Read on.