New caselaw - fax ads and the First Amendment

[JURIST] The US Eighth Circuit Court of Appeals [official website] held Friday that the provisions of 47 U.S.C. Sec. 227(b)(1)(C) regulating unsolicited faxes satisfy the constitutional test for regulation of commercial speech and did not violate defendants' First Amendment rights. The Court said that there is a substantial government interest in protecting the public from the cost-shifting and interference caused by unwanted fax ads, and that the means Congress has chosen to address those harms directly and materially advances the governmental interest. Read State of Missouri v. American Blast [PDF opinion].



 

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