Statement of Attorney General Ken Salazar Concerning Court Ruling That Federal No-Call Rule is Unconstitutional

Last evening, federal District Court Judge Edward Nottingham ruled in Denver that the Federal Trade Commission’s do-not-call registry violates the First Amendment to the United States Constitution. Judge Nottingham reasoned that the federal registry impermissibly distinguishes between commercial and charitable speech. Judge Nottingham concluded that because the federal registry only covers commercial speech, it does not further the government’s substantial interest in protecting residential privacy.

It is highly important that Judge Nottingham reaffirmed the government’s long-recognized and substantial interest in protecting residential privacy. We disagree, however, with the Court’s conclusion that the government must either bar all telephone calls into the home or it can bar none.

Colorado faced an identical argument in a court challenge to Colorado’s No-Call List Act in June 2001. A different federal judge rejected that argument during a preliminary hearing on whether Colorado’s law should take effect. “I will continue to defend Colorado’s no-call statute vigorously and to protect the peace, serenity and privacy that more than 1.2 million Colorado homes have enjoyed since our law went into effect last year,” said Attorney General Salazar. "This is a case about residential privacy, not about the First Amendment," he added. "Commercial telemarketers do not have a constitutional right to call consumers who do not want to be called."

Yesterday’s ruling has no direct impact on Colorado’s no-call law. Coloradans on the no-call list who receive unsolicited commercial sales calls in violation of Colorado law should continue to report possible violations of this law. Residents may do so online atwww.coloradonocall.com or by calling toll free 1-888-600-5688.