As of today, it looks like the National Do Not Call Registry is on. Matt Thomas and I had a discussion about it last night. I had been wondering for some time whether I really did think that the registry was a legimate thing for the government to impose. I now think it is.
The Direct Marketing Association argued last week that the registry would restrict their constitutional right to free speech. It does not. The DMA is free to speak however they want. In the exact same way, protesters are allowed to picket on the street outside your house, exercising their First Amendment right. They are not, however, allowed to walk up to your front door and yell at you.
If you don’t want someone to enter your property, you just have to put a “no trespassing” and/or “no soliciters” sign up. If someone fails to heed this sign, you can call the police and have them arrested. Even without the sign, if someone comes to your door you can tell them to leave your property or you’ll consider it trespassing. Delivery men are allowed only if you’ve ordered from them, and you have to sign a form to let FedEX or UPS leave something at your door. Clearly people are not allowed on your property if you don’t want them, and this doesn’t inhibit their right to speech.
Is making a phone call in a way entering their property? I think it would have to be, but I think this point is where the Do Not Call Registry question hinges. Putting a sign on your law forbids door-to-door salesman from conducting their business, and this is an established and valid practice. The problem is that you can’t put up a “no soliciters” sign on your phone. The Registry is just legislation that draws this analogy. By this merit, I think it is an acceptable law.