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ARTICLE · 19 FEBRUARY 2004

10th Circuit Upholds Do-Not-Call Registry

DLA Piper Rudnick Gray Cary
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The United States Court of Appeals for the 10th Circuit issued an opinion today upholding the national Do-Not-Call Registry. The Court held that the First Amendment does not prevent the government from establishing a registry.

United StatesAccounting and Audit
Ronald Plesser
Ronald Plesser

The United States Court of Appeals for the 10th Circuit issued an opinion today upholding the national Do-Not-Call Registry. The Court held that the First Amendment does not prevent the government from establishing a registry. The Court stated, "We hold that the do-not-call registry is a valid commercial speech regulation because it directly advances the government’s important interest in safeguarding personal privacy and reducing the danger of telemarketing abuse without burdening an excessive amount of speech."

The Court cited four aspects of the Do-Not-Call Registry that it found convincing:

  • "The list restricts only core commercial speech - i.e., commercial sales calls."
  • "The do-not-call registry targets speech that invades the privacy of the home."

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