Political Speech vs. Commercial Speech in New Hampshire Bill

Commentary

A bill has been introduced in the New Hampshire House (HB 1232) which would repeal application of the national “do-not-call” list to political prerecorded calls.

Comment: The law, as it stands, is almost certainly unconstitutional as the national “do-not-call” list was not intended to apply to political calls which are subject to a much higher level of protection under the free speech provisions of the First Amendment than commercial speech, such as telemarketing.

 

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Telemarketing Connections Newsletter January 2012