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Second U.S. Judge Blocks 'Do-Not-Call' List
Fox News ^ | http://www.foxnews.com/

Posted on 09/25/2003 4:10:17 PM PDT by Hotdog

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To: hotpotato
I recall some time ago, that the post office decided it would not be a means of transporting unsolicited pornography though there were those who could make a living at it

I would have no objection to the phone lines not being used to transmit pornography, but that's hardly relevant to doing legitimate business over the phone, particularly when 20 billion a year is done alone in my state.

321 posted on 09/26/2003 8:26:08 AM PDT by Held_to_Ransom
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To: Held_to_Ransom
I would have no objection to the phone lines not being used to transmit pornography, but that's hardly relevant to doing legitimate business over the phone, particularly when 20 billion a year is done alone in my state.

So if the porn industry made 50 billion in telemarketing in your state, would you support it? Not to mention that telemarketing is not being banned.

322 posted on 09/26/2003 8:31:44 AM PDT by m1-lightning (A charge to keep I have, a God to glorify, a never-dying soul to save, and fit it for the sky.)
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To: m1-lightning
So if the porn industry made 50 billion in telemarketing in your state, would you support it? Not to mention that telemarketing is not being banned.

The trick to getting on in life is learning to deal with reality. The porn business does not make 50 billion a year telemarketing in my state, and even if it did, yes, I would be for shutting it down.

323 posted on 09/26/2003 8:43:58 AM PDT by Held_to_Ransom
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To: Held_to_Ransom
The trick to getting on in life is learning to deal with reality.

The trick to getting on with business is to run a business that makes your customers happy. Unfortunately, these telemarketing businesses never realized that. Now they will. Just like limiting the strip club in your neighborhood with city codes (such as recently involved in LA), the people want limit the telemarketing industry. Fair is Fair

324 posted on 09/26/2003 8:55:53 AM PDT by m1-lightning (A charge to keep I have, a God to glorify, a never-dying soul to save, and fit it for the sky.)
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To: m1-lightning
Do you understand why free speech is even an issue here?

I don't. I would if the telephone were the only means at these marketers disposal. However, no one says they must be "tele"marketers. Let them present their products to me by taking out ads in the newspapers, buying time on radio and television, renting billboard space, sending people out with sandwich boards, etc.

The marketers have plenty of "speech" venues other than my telephone.

325 posted on 09/26/2003 9:02:32 AM PDT by kevao (Fuques France!)
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To: FreeReign
"Both CNN and the telemarketer don't have the right of free speech on my private property or the absolute right of free speech on public property. With CNN, I can tell the cable company not to send me their transmission. With the telemarketer, I can now put my name on a list that says don't call me. It is the freedom of association and 55 million people choose not to recieve telemarketer calls. "

Neither CNN, not telemarketers are on your private property. You chose to installed devises that enables their communication, and you’re unhappy that it doesn’t discriminate to your satisfaction.

Perhaps the cable company will cooperate in blocking CNN, but if you put an antena in the air, nothing stops CBS from communication onto your private property.

Numbers in associations to challenge the Bill of rights are irrelevant until they are sufficient to change the Constitution. If 50 million choose not to speak to Christians, the Bill of Rights prevents government from organizing and enforcing a Christian do not call list.

“A principle is not a principle until it cost you something.”- Dr Laura.

326 posted on 09/26/2003 9:11:04 AM PDT by elfman2
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To: massadvj
It would pass faster than gas. But then so would complete abolition of the second amendment.


The US House?! 3/4 of state legislatures (when 3/4 passed concealed carry legislation in the past 10 years)?! You must be kidding!
327 posted on 09/26/2003 9:18:40 AM PDT by Atlas Sneezed
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To: kevao
How about those pesky leaflets we get under the wiper blades on our car? You're right, there are plenty of PUBLIC advertising and sales opportunities without bringing the shopping malls and billboarrds to my HOUSE.
328 posted on 09/26/2003 9:32:53 AM PDT by m1-lightning (A charge to keep I have, a God to glorify, a never-dying soul to save, and fit it for the sky.)
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To: elfman2
if you put an antena in the air, nothing stops CBS from communication onto your private property.

Channels stop communication to my property. Maybe we should have telemarketing channels on our phones.

329 posted on 09/26/2003 9:36:03 AM PDT by m1-lightning (A charge to keep I have, a God to glorify, a never-dying soul to save, and fit it for the sky.)
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Well I'll handle Telemarketers in my own fashion from now on. No more being nice, no more saying "Thank you no". Now as soon as they identify themselves as being from company so and so, they are going to hear a very loud noise in the phone. Air Horns are deafening at long distance, imagine how they will be with a phone stuck in your ear.
330 posted on 09/26/2003 9:41:05 AM PDT by Leatherneck_MT (If you continue to do what you've always done, you will continue to get what you've a‚i]±s got.)
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To: elfman2
Neither CNN, not telemarketers are on your private property. You chose to installed devises that enables their communication, and you’re unhappy that it doesn’t discriminate to your satisfaction.

With television, advertising is passive and non-intrusive. The television does not periodically raise an alarm and require that I stop whatever I'm doing to ascertain whether a news broadcast or an ad is being transmitted. That's the difference.

Telemarketing is trespassing for the purposes of soliciation, pure and simple. It has nothing to do with free speech whatsoever.

331 posted on 09/26/2003 9:41:50 AM PDT by RogueIsland
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To: elfman2
"Both CNN and the telemarketer don't have the right of free speech on my private property or the absolute right of free speech on public property. With CNN, I can tell the cable company not to send me their transmission. With the telemarketer, I can now put my name on a list that says don't call me. It is the freedom of association and 55 million people choose not to recieve telemarketer calls. "

Neither CNN, not telemarketers are on your private property. You chose to installed devises that enables their communication, and you’re unhappy that it doesn’t discriminate to your satisfaction.

CNN, CBS and telemarketers choose devices that enable their communications accross public property and in the case of telemarketers, accross public and private property -- the private property being the phone lines that tranverse accross public property and the phone lines that transverse accross private property -- that being our homes.

The telemarketer does not have a right to unlimited commerical speech on public property, the telemarketer does not have the right to harrassing speech on public property and the telemarketer does not have the right to free speech on private property.

The individual who wishes to limit the speech of telemarketers accross an electronically segmented public phone line -- the portion of the phone line that is on public property and is destined specifally for that individual has every right to do so, regardless if that speech is harrassing or not. It has NO effect on others who wish to receive telemarketing calls accross their segment of public property.

Numbers in associations to challenge the Bill of rights are irrelevant until they are sufficient to change the Constitution. If 50 million choose not to speak to Christians, the Bill of Rights prevents government from organizing and enforcing a Christian do not call list.

If 1 person or 50 million choose not to allow a Christian or a Muslim or a Jewish person or some swarmy slaesman into their house, then the government and specifically the BOR does condone and enforce Freedom of Association.

332 posted on 09/26/2003 10:30:09 AM PDT by FreeReign
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To: RogueIsland
Telemarketing is trespassing for the purposes of soliciation, pure and simple. It has nothing to do with free speech whatsoever.

Exactly, and as I explained to those on that side of the debate, the only reason the first amendment was brought up was because the legislation gave preference to charities. In other words, this judge said it does not violate free speech, but giving charities a break would be discriminating.

Example: making slander against the law does not violate free speech but saying that the media can slander all they want freely would be a violation of the 1st amendment because it gives preference.

333 posted on 09/26/2003 10:34:07 AM PDT by m1-lightning (A charge to keep I have, a God to glorify, a never-dying soul to save, and fit it for the sky.)
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To: m1-lightning
...libel, slander, obscenity, copyright and trademark laws, classified information, perjury, homosexual slurs, racial comments, or harrassing phone calls? All of these are currently existing exemptions to free speech.

Good afternoon. Yes, one is not free to verbally harrass somebody in public and is certainly not free to harrass somebody on somebody else's private property.

334 posted on 09/26/2003 10:35:16 AM PDT by FreeReign
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To: RogueIsland
"The television does not periodically raise an alarm and require that I stop whatever I'm doing to ascertain whether a news broadcast or an ad is being transmitted. That's the difference. Telemarketing is trespassing for the purposes of soliciation "

It’s a signal, not an “alarm”, and you are not “required” to do anything. You chose to activate your phone knowing that you live in a free country where anyone can attempt to call you and where the government isn’t authorized to limit them for purposes of solicitation, political persuasion, ministry etc…, even if it annoys you.

“Occasionally being annoyed is the price of democracy” - unknown.

335 posted on 09/26/2003 10:35:23 AM PDT by elfman2
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To: FreeReign
"CNN, CBS and telemarketers choose devices that enable their communications accross public property "

A company PBX is a private system. When you connect your phone to Bell South , it’s on a public system (or at least a Bell South system). You knew that when you connected it.

Telemarketing is not “harassment”. It’s solicitation. You just find it annoying.

If Bell South chooses to block communication, that’s their right. It the Government chooses to do so, even at your request, it’s a restriction on the telemarketer’s right to speak freely in public.

336 posted on 09/26/2003 10:44:30 AM PDT by elfman2
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To: FreeReign
Out of curiosity, since you and I agree on property rights over "free market rights", would you agree with me that property taxes are like paying rent to the government for land which they don't own, hence being unconstitutional in my view?
337 posted on 09/26/2003 10:46:12 AM PDT by m1-lightning (A charge to keep I have, a God to glorify, a never-dying soul to save, and fit it for the sky.)
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To: TomGuy
"The Judge's problem with the list is that it gives preferential exemption to charitable (and political) organizations. "

If so, excellent. I've long been an advocate of two or three lists. Commercial, political, and charitable. Give us the right to ban all three.

Besides the commercial businesses are already getting around the law by having giveaways, thus they are calling under the charitable exemption.

338 posted on 09/26/2003 10:51:19 AM PDT by DannyTN (Note left on my door by a pack of neighborhood dogs.)
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To: m1-lightning
I would have no objection to the phone lines not being used to transmit pornography, but that's hardly relevant to doing legitimate business over the phone

I think it's not the phone company's business that some subscribers pay for such service. I don't want it but it's a big business and provides a lot of jobs. The difference is, the phone customer is *purchasing* the service and not being solicited without permission.

So if the porn industry made 50 billion in telemarketing in your state, would you support it? Not to mention that telemarketing is not being banned.

I don't support *any* unsolicited telemarketing especially in the case of where I'm paying money to avoid it.

339 posted on 09/26/2003 10:52:13 AM PDT by hotpotato
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To: m1-lightning
Out of curiosity, since you and I agree on property rights over "free market rights", would you agree with me that property taxes are like paying rent to the government for land which they don't own, hence being unconstitutional in my view?

It might be unconstitutional, but then the federal government doesn't collect property taxes. States do. And states were collecting property taxes before the feds were even a glimmer.

The alternative would be for state governments to put a toll booth outside your house and charge you everytime you use the road. Administration of taxes would be a lot more expensive.

The states would also have to charge you for sending your kids to school. That wouldn't be all bad, at least we could choose some non-state schools with decent morals. On the other hand, it is in the nation's best interest to have all kids educated, so how do you fund poor kids education?

340 posted on 09/26/2003 11:00:44 AM PDT by DannyTN (Note left on my door by a pack of neighborhood dogs.)
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