Thursday, May 04, 2006

Charities try to overturn Indiana's no-call law

The AP reports:
A federal appeals court heard arguments Wednesday from nonprofit groups who claim Indiana's do-not-call list law violates constitutional free-speech rights.

The National Coalition of Prayer and other groups are asking the 7th Circuit Court of Appeals in Chicago to overturn a ruling by a judge in Indianapolis who last year upheld the phone privacy law.
The charities argue in a brief filed with the appeals court that the state law, regarded as one of the toughest in the nation, discriminates on the basis of content and allows exemptions for certain commercial calls, such as newspaper subscriptions.
Indiana's law allows charities to solicit over the phone if they use employees or volunteers to call. Professional fundraisers are barred from calling numbers registered on the list. The charities that sued used professional telemarketers to solicit donations.
"By banning the charities communications with past, current and prospective donors when made by professional representatives, while permitting calls for purely commercial conduct (for example, newspaper subscriptions, surveys, insurance, debt collection and real estate solicitations), the act unconstitutionally favors commercial speech over fully protected speech," attorney Errol Copilevitz wrote.
Politicians that want to regulate markets want to regulate the free market for speech.