Here's the Constitutional crux of the judiciary's ruling on the DO NOT CALL registry:
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“The FTC by exempting charitable solicitors from the amended rules do-not-call registry, has imposed a content-based limitation on what the consumer may ban from his home. … The mechanism purportedly created by the FTC to effectuate consumer choice instead influences consumer choice, thereby entangling the government in deciding what speech consumers should hear. This entanglement creates a regulatory burden on commercial speech.”
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