The First Amendment status of commercial speech: why the FCC regulations implementing the Telephone Consumer Protection Act of 1991 are unconstitutional.

Michigan Law Review, June, 1996 by Hamilton, Deborah L.

The distinction made in Federal Communications Commission (FCC) regulations implementing the Telephone Consumer Protection Act of 1991 between commercial and non-commercial recorded telephone solicitations violates the First Amendment. The regulations ban artificial or recorded voice telephone calls that are unsolicited advertisements. No ban is placed on other solicitations, such as requests for donations. This distinction is based on the content of the message. Because this restriction on commercial speech is not narrowly tailored or related to a distinct harm, it is unconstitutional.

INTRODUCTION

Six weeks ago, feeling generous, you decided to make a donation to your local hospital. Since then, you have been besieged by calls from other charitable...

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