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Would a national no-call list violate the First Amendment?

Asked at Massachusetts Street on September 27, 2003

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“No, I don’t think that it would violate the First Amendment because if people don’t want to be called, then why call them?”

“It’s not speech, it’s advertisement. They can prohibit alcohol and cigarette ads in certain forms of media, so why not telemarketing?”

“I don’t think it would because it’s an individual’s choice to sign up for the list.”

“Yes, it would, because the First Amendment says you can say anything you want to anybody you want. That doesn’t mean I don’t want the list; I think it’s probably a reasonable encroachment on the First Amendment.”


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