Why Federal Judge Nottingham Got It Wrong
Federal District Judge Edward Nottingham has blocked implementation of the federal "Do Not Call" list. His rational is that by blocking telemarketers and not charities and politicians, the telemarketers First Amendment rights are being violated.
First of all, the federal government is not making it illegal for telemarketers to 'cold call' citizens. The federal government is merely providing a centralized mechanism for citizens to notify ALL telemarketers that they do not want to receive calls from them. It is the private citizens who are determining whether or not they want to continue to receive telemarketing calls - not the federal government as Judge Nottingham implies by his ruling. Under Judge Nottingham's ruling, it would also be illegal for citizens to tell telemarketers that call them to stop calling them! Quite absurd under ANY interpretation of the First Amendment.
Judge Edward Nottingham's ruling will not be allowed to stand very long. The stupidity on which his ruling is based, is laughable. He obviously has little understanding of the First Amendment, nor does he understand the rules under which the federal "Do Not Call" list is based. Denver voters take note. This judge needs to be removed from the bench before he embarrasses himself (and Denver) any more.
09/26/03 ( 594 )
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