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Eighth Circuit upholds North Dakota do-not-call law.

Publication: Trial
Publication Date: 01-MAR-06 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
North Dakota's "do not call" law restricting telephone solicitations does not violate the free speech rights of charitable organizations, the Eighth Circuit has ruled. The court reversed a federal district court decision that invalidated certain provisions in the statute as content-based restrictions on speech. Two nonprofit organizations, North Dakota chapters of the Fraternal Order of Police and Veterans of Foreign Wars, had challenged the law's constitutionality. (Fraternal Order of Police v. Stenehjem, 431 F.3d 591 (8th Cir. 2005).)

The law prohibits phone solicitation of residents who register with the state's do-not-call list. Charitable organizations are exempt if the caller is an employee or volunteer but not if the caller is an outside solicitor hired by the charity.

"Seeking to balance the interest of callers against the privacy rights of subscribers, the legislature distinguished between in-house and professional charitable solicitors," Judge Roger Wollman...

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