Yeah, I heard that "first amendment" bullshit from the Direct Marketing Association yesterday, when the news first broke about the list's validity being denied on a technicality (explicit authorization, of all things!). Today, I caught a couple minutes of NPR's "Talk of the Nation". As it happens, someone called in from this neck of the woods, and practically the first words out of his mouth were a repeat of mine from yesterday: "What about freedom from speech?"

The DMA guy who was taking calls said something about their own Do Not Call list... and that individual telemarketers are also required to keep one. All true (and mandated by law) - BUT

If it's not a violation of the First when it's voluntary, why is it when it's mandatory? What's the Constitutional difference between a DNC list they maintain, and one the Feds maintain?

Do I violate advertisers' "free speech" by only listening to Public Radio? by deleting spam without reading it? by not having a telephone?

Televisions and radios have off switches. So do computers. There are ways for individuals to block unwanted "speech" (btw, I do not agree that attempts to get me to purchase something on impulse are in the same class as speech) through those media. O.t.o.h., most people rely on their telephones for more important purposes - that is, being available to family and/or friends on no notice - and telphones don't come with off switches. At most, you can take them off the hook. Telemarketers take unfair advantage of the national habit of "being available".