Do Not Call List is OK on speech grounds, says 10th Circuit (also think spam)

A big opinion handed down today in the anti-telemarketing struggle — with relevance, potentially, to the do not e-mail proposal related to spam.  The 10th Circuit overturned a lower court’s opinion to the contrary.  The CAN-SPAM Act of 2003 did not include a mandated “do not e-mail” list but required the FTC to go study it, which apparently is underway.

Some key language in the opinion: “We hold that the do-not-call registry is a valid commercial speech regulation because it directly advances the government’s important interests in safeguarding personal privacy and reducing the danger of telemarketing abuse without burdening an excessive amount of speech.”

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