First Amendment calling

Debra J. Saunders Thursday, October 2, 2003

IT SAYS SOMETHING about how pampered and passive Americans have become when
Congress passes and President Bush signs a bill authorizing a National Do
Not Call Registry.

America has become The Country that Forgot How to Hang Up. The nation is so
clueless about hardship that citizens believe it's the government's job to
protect them from having to answer the phone. We live in the land where
voters want government out of their bedroom, but inside their phone lines.

Let me stipulate that I dislike telemarketing calls as much as the next
person. I don't like running to the phone only to hear a recording trying to
sell me something I don't want. I don't like telemarketers who call during
mealtime. I don't like salesmen who try to take advantage of my politeness -
I like to say, "no, thank you'' before I sign off - and try to engage me in
a conversation we'll never have.

The thing is, I've found these amazing little tricks I can use to mitigate
the problem - and they don't involve the government. I don't always answer
the telephone. I hang up on obnoxious telemarketers. Guess
what: They work.

These methods also work on political fund-raisers, pollsters and charity
solicitors, all of whom were so conveniently exempted by Washington pols.

So when President Bush announced that the 50 million Americans who have
signed the registry "can protect their privacy and their family time from
intrusive, annoying, unwelcome commercial solicitations," he conveniently
ignored intrusive, annoying unwelcome calls from professional political
fund- raisers. You see, they have First Amendment rights.

And don't you just love how they equate political fund raising with
soliciting for charity - as if it's a public service? Last week, a federal
judge in Denver issued a ruling that barred enforcement of the registry. "In
applying the First Amendment to commercial speech, the Supreme Court has
rejected the highly paternalistic view that the government should be
involved in assessing the value of, and determining, what consumers should
and should not hear," wrote U.S. 
District Judge Edward Nottingham. Since exemptions for charitable solicitors
"imposed a content-based limitation on what a consumer may ban from his
home," Nottingham found the registry to violate the First Amendment.

The Bush administration has pledged to fight the ruling. In the meantime,
the Federal Trade Commission will keep track of violators who could be fined
up to $11,000 per illicit phone call, or $120,000 per telemarketing firm.

Frankly, I can't think of a bigger waste of taxpayer money than paying
investigators - The Phone Police - to determine if telemarketers are making
illegal calls, then paying attorneys to sue the ratty companies that ignore
the list. I'd rather see the government go after real white collar
criminals.

Let me addthat if Bill Clinton had been behind this bill, we Republicans
would be having a field day hectoring him. We'd ridicule The Great Panderer
for proposing another feel-good sop/boondoggle for soccer moms. 
But when George Bush signs the bill, suddenly it's a boon for quality family
time.

Blech. The National Do Not Call Registry is an expensive new government
program that does what families can do themselves. It keeps businesses from
calling, while protecting political parties, under the phony pose of
protecting pristine family time otherwise spent in peaceful contemplation.

I've got a message for Washington: Hanging up is a family value. 


 



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