Senate Resolution 242
SUBMITTED RESOLUTIONS: SENATE RESOLUTION 242TO EXPRESS THE SENSE OF THE SENATE CONCERNING THE DO-NOT-CALL REGISTRY
Ms. MURKOWSKI. Mr. President, I come to the floor today to address yet another misguided judicial action that is threatening again to prevent the "Do-Not-Call Registry" from going into effect on Wednesday, October 1. This body just last week addressed the misguided application of the law from a Federal Court in Oklahoma.
Not 48 hours had passed before the lawyers for the telemarketers found another judge to halt the implementation of that programthis time on constitutional grounds.
The U.S. District Court for the District of Colorado in Mainstream Marketing Services, Inc., et. al. v. Federal Trade Commission, last Friday held that the FTC "Do-Not-Call Registry violated the Right of Free Speech provisions of the United States Constitution.
How many times must this body speak before the courts will listen?
Americans are outraged that their right to privacy can be invaded every night while they try to eat dinner with their families. Our lives are busy enough throughout the day with work and school, after school activities and preparing for the next day. To have a little quiet time at dinner is not too much to ask, yet these telemarketing companies now feel it is their right to disturb our few moments of family solitude.
In the first case they brought against the regulations they argued lack of authority. Now they argue lack of constitutional support. What is next, lack of ability to abide by what the Administration, Congress and the American people are clamoring for?
Those who seek to stop the implementation of this program assert they are protected by a right of free speech. Therein lies the problem.
The commercial speech that the telemarketers seek to preserve is not held to the same standard under the First Amendment as individual right of speech. Further, the FTC regulations are not arbitrary and capricious because the FTC considered the comments of thousands of people and clearly made findings justifying their regulations.
Now, Congress has subsequently acted to establish in law the authority for the FTC to say that telemarketers do not enjoy a free rein into our homes by using the telephone.
I say it is the people who have the right to decide they do not want to be hounded by telemarketers and those who would interrupt the sanctity of their homes.
The U.S. Supreme Court has found that one aspect of residential privacy is the right to avoid unwanted communications.
The Supreme Court also has repeatedly held that individuals are not required to welcome unwanted speech into their homes and that the government may protect this freedom.
The entire purpose of the FTC's "Do No Call Registry" program is to allow Americans to opt-out of receiving these annoying phone calls. In my judgment the court's decision to stop this program tilts our privacy rights out of balance in favor of these telemarketing companies.
As we heard repeatedly on the Senate floor last week, in just the few short months since the FTC adopted these rules nearly 50 million people have registered to stop these harassing phone calls.
Alaskans were looking forward to the implementation of this FTC rule to give them the peace and quiet they have sought for so long. We need this FTC rule to protect our citizens and their privacy.
Americans and Congress have spoken. People do not like to be disturbed by unwanted and harassing phone calls from people selling products over the phone. The Administration listened to the cries of Americans. Congress listened to the cries of Americans. Now the courts must respect the choice of the people by allowing this rule to go into effect.
Unfortunately, the most recent court opinion on this issue shows yet again that the justice system in America is broken and badly in need of repair.
The resolution that I submit today is different from what the Senate voted on last week. This resolution states that it is the sense of the United States Senate that the court's judgment in this most recent case was in error.
The Resolution further authorizes the Senate Legal Counsel to intervene in this most recent case to assert the constitutionality of the "Do-Not-Call Registry," or if it is unable to intervene, to file an amicus curiae brief in support of the constitutionality of the do-not-call registry.
Once again I ask this body: How many times must we speak before the courts will let this rule go into effect? Hopefully the courts will pay attention today.
I am proud to submit this resolution and I hope this body will act quickly on this measure to send yet another message to our courts that the privacy of our homes cannot be invaded.