I wonder how list members distinguish the do-not-call list from vouchers
and the other establishment clause cases that turn on the private
intermediary who has a role in implementing government policy.

If those cases are on point or at least relevant (I incline toward
relevance but not on-pointness), is it still crucial that the do not
call list is limited to commercial speech?

If so, then if people could pick from a menu of different kinds of calls
that they would like to ban, would the program no longer raise speech
concerns?


John T. Parry
Associate Professor of Law
University of Pittsburgh School of Law
3900 Forbes Avenue
Pittsburgh, PA 15260
412-648-7006


-----Original Message-----
From: Discussion list for con law professors
[mailto:[EMAIL PROTECTED] On Behalf Of Robin Charlow
Sent: Monday, September 29, 2003 12:44 PM
To: [EMAIL PROTECTED]
Subject: Re: Do Not Call - the constitutional question

[EMAIL PROTECTED] 09/29/03 11:57AM wrote:
        I wonder if others are concerned, as I am, about the government
serving as the agent of individuals' preferences and prejudices about
speech they like and dislike. . . . I understand that the government
does serve as the agent of individual  rights and interests -- e.g. the
right to property (trespass), to quietude (noise ordinances, et al) . .
. . But it is
nevertheless a troubling posture for government to be in, especially if
government's purpose would be to facilitate people's "right" not to hear
. . . .

Might the government in this case be protecting individuals against
something that is akin to trespass?  That is, is an unwelcome telephone
call significantly different from the caller walking into your vestibule
to convey his/her speech message?  I realize there are differences (eg,
a physical intrusion may raise concerns about physical safety), but if
the argument is that, because it is speech, it is inappropriate for the
government to protect you against it even in the privacy of your home,
it's not clear why trespass-like considerations shouldn't count on the
side of government regulation.

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