A note of light in a darkening part of the cosmos

The 10th Circuit Court of Appeals, in Denver, Colorado, has overturned an October ruling by a District Court that had called the FTC's "do-not-call" list an unconstitutional abridgment of free speech because it affected telemarketers barring calls from businesses but not charities and political organizations.

"Just as a consumer can avoid door-to-door peddlers by placing a 'No Solicitation' sign in his or her front yard, the do-not-call registry lets consumers avoid unwanted sales pitches that invade the home via telephone," the court said. "We are convinced that the First Amendment does not prevent the government from giving consumers this option." ...

"As a general rule, the First Amendment does not require that the government regulate all aspects of a problem before it can make progress on any front," the appeals court said. The court said there was also no evidence suggesting charitable or political callers were as troublesome.

Some 56 million telephone numbers have already been registered in the enormously popular list. If your number is not on it, you can go to www.donotcall.gov or call 1-888-382-1222.

Oh, But You're Too Kind Dept.: The Direct Marketing Association said the industry will follow the law while it considers an appeal. "Our industry will respect the wishes of consumers..," association president H. Robert Wientzen said.