Posted on 09/25/2003 4:10:17 PM PDT by Hotdog
War of the laws?...whats next?
It's a signal much like your electronic alarm clock which requires an amplifier to produce sound. And yes the government is authorized to limit solicitors. How many 3rd shift telemarketing jobs have you heard of?
A company PBX is a private system. When you connect your phone to Bell South , its on a public system (or at least a Bell South system). You knew that when you connected it.
My phone is connected to a phone compnay of some unknown ownership to me. That ownership is irrelevant to my point. My point is that the phone company leases public land to send me phone transmissions AND that these phone transmissions are specifically segmented to me AND I don't want them. Public property is never so easily segmented as it is with specific phone messages that are segmented accross it on phone lines. Who else would have a better right to control such a thing?
Telemarketing is not harassment. Its solicitation. You just find it annoying.
My argument doesn't need for it to reach the level of harrassment and BTW some telemarketing DOES reach that level as would be judged by "a resonable person" -- IMO.
General property taxes not tied to any specific usage of government service would be unfair. It may be unconstitutional -- I haven't thought about it yet.
If you agree to a 'terms of service' when signing up with their program, you might. Otherwise all other solicitation not binded in a terms of service with your phone company are not considered legally protected and may be legislated by the state or federal government.
Can you believe it? Another federal judge has stepped in to try to kill the national do not call list for telephone solicitors. He says that the list is a violation of our free speech rights. So... now free speech means that you have the right to call anyone you want and harass them at their home at a time of your choosing?
If a do not call list is a violation of this cherished right, then what about unlisted phone numbers? Hey, I want to call Barbra Streisand and tell her what I think of her mindless politics .. but her number is unlisted. Those unlisted phone numbers are a violation of my free speech rights ... and I want them outlawed! And what about those phones that reject calls from people who have their phone number blocked to people with caller ID? Are you telling me that I have to identify myself in order to have my free speech rights? Just where is THAT set forth in our Constitution?
By this inane "logic", if I install a lock on my door and a burglar gets in anyway by picking the lock, the law should not give me any recourse.
And now you've invented a legal doctrine that makes restraining orders un-Consitutional.
On what planet did you go to law school?
That does make some sense. Both from an efficiency standpoint and from a "get a sense of how big the tax bite really is" standpoint. I'm not sure I agree on all user fees though. Some fees discourage excess usage and more accurately put the cost burden to the activity. Water bills should still reflect water but nothing else. Car tags should reflect the cost of the registration program but nothing else. etc, but nothing else.
Hey, you knew what you were getting into when you installed the lock.
Question: If a private company can restrict a telemarketer's right to speak freely in public, does that right truly exist?
A phone ring is also a signal much like the one that sets off a nuclear bomb, but that doesnt mean its a detonator. You are attempting to abstract up to the general from the specific and back down again. A cow is a mammal, but that doesnt make other mammals such as horses cows. A phone ring is not an alarm. An alarm communicates a specific danger. A signal communicates something much more general, in this case that someone wants to talk to you. You choose to respond or let the machine get it.
AFAIK, the market eliminates 3rd shift telemarketing jobs, but there may be regulations nevertheless. The government does a lot of things its technically not authorized to do. That doesnt justify each new one.
I have a plumbing leak and an 11m/o to take care of today. I have to back out of this after answering the next guy. Good luck.
The access point owners (phone company) that you sign up with. Also, it was you (I think) that brought up the claim that it was harassment.
I have a plumbing leak and an 11mo to take care of today. Got to go, good luck.
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