TELEMARKETING AND THE SUPREMES:
WaPo reports that the Supreme Court is today hearing a case on the applicability of the 1st Amendment to telemarketing. “Specifically, the question before the court is whether Illinois can sue a telephone fundraising firm for fraud because it solicited donations for a charity without telling potential givers that the fundraising firm, not the charity, would pocket 85 cents of every dollar.” I expect the state to win this one. Commercial speech has comparatively little protection under the 1st Amendment and so does fraud. The combination of those two would seem to make this a slam dunk.
