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Why are politicians exempt for the Do Not Call Registry?
KVOA Tucson Channel 4 News ^ | John Overall

Posted on 11/07/2006 5:00:57 PM PST by SandRat

Registered voters are very popular with campaign workers in the final hours before the mid-term election.

Both the Democrats and Republicans in Pima County put an army of volunteers to work as the deadline drew closer.

The politically passionate citizens were working the phones, dialing for votes in a last minute rush to get their candidates into office.

They do it every election year but this year reports show political candidates are running more ads and making more calls than ever before.

They believe it'll bring out the vote, but some voters say it's making them think about skipping the vote.

James Hill is a 78-year-old patriotic citizen of Tucson. He says he gets 5-6 political calls a day, every call is an invasion of his privacy and he especially hates the recorded messages.

"They make me upset, because I can't talk back to them."

Hill says if he could talk to the candidates he'd keep it simple, "I'd tell don't call me anymore."

Hill's wife Claudette is also bothered by the daily intrusion, "They won't leave you alone." She told News4.

The Hills are on the Do Not Call Registry but Politicians and their parties are exempt.

John Krebs works for the Federal Trade Commission, he's the program manager for the Do Not Call Registry.

He tells News4 that political calls are not covered because they do not meet the definition of a telemarketer.

According to the FTC the definition of telemarketing is an outgoing telephone call to induce the purchase of a good or service.

Politicians aren't selling anything so the FTC says they aren't telemarketers and even if you call and complain the FTC can't do anything to help you.

"We really do focus our law enforcement efforts on entity's that are violating the telemarketing sales rule." Krebs said.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government
KEYWORDS: annoying; messages; phone; politicians

1 posted on 11/07/2006 5:01:00 PM PST by SandRat
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To: SandRat

They wrote the law.


2 posted on 11/07/2006 5:01:57 PM PST by Nomorjer Kinov (If the opposite of "pro" is "con" , what is the opposite of progress?)
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To: Nomorjer Kinov

exactly


3 posted on 11/07/2006 5:03:07 PM PST by Always Right
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To: SandRat

because they usually exempt themselves from the laws peons must observe.


4 posted on 11/07/2006 5:03:58 PM PST by flashbunny
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To: SandRat

BECAUSE THEY ALL KNOW WHAT IS BEST FOR US, AND IT IS THEM OF COURSE! OUR BENEVOLENT POTTERS OF MEN.


5 posted on 11/07/2006 5:04:45 PM PST by vpintheak (Yep.)
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To: Nomorjer Kinov

duh


(paging Captain Obvious)


6 posted on 11/07/2006 5:05:02 PM PST by TC Rider (The United States Constitution © 1791. All Rights Reserved.)
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To: flashbunny

disgusting isn't it?


7 posted on 11/07/2006 5:05:51 PM PST by mom4kittys (If velvet could sing, it would sound like Josh Groban)
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To: SandRat

The law was arguably anti-First Amendment.

Restricting political contact would unquestionably violate the First Amendment.

Though that didn't stop so-called CFR.


8 posted on 11/07/2006 5:06:12 PM PST by Larry Lucido
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To: SandRat

It's the irritant of freedom and a representative democracy. Just be glad they call at all.


9 posted on 11/07/2006 5:08:54 PM PST by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: SandRat

It's political speech -- which is Constitutionally protected. The Do Not Call list generally applies to commercial speech -- calls for profit -- which may be regulated by Congress.


10 posted on 11/07/2006 5:11:23 PM PST by PackerBoy (Just my opinion ....)
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To: SandRat

Register as an independent and you dont get the calls.
The parties have access to your registration information and can easily figure out your phone number.


11 posted on 11/07/2006 5:11:34 PM PST by axes_of_weezles
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To: Nomorjer Kinov

Well, that, and political speech is protected under the 1st Amendment a whole lot more then commercial speech, which is the way it should be.


12 posted on 11/07/2006 5:12:29 PM PST by zbigreddogz
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To: PackerBoy
It's political speech -- which is Constitutionally protected. The Do Not Call list generally applies to commercial speech -- calls for profit -- which may be regulated by Congress.

Of course, the Constitution itself makes no such distinction between "political" and "commercial speech. I believe that to be an invention of the courts. (I cannot remember: Is it a penumbra or an emanation?)

13 posted on 11/07/2006 5:15:46 PM PST by Logophile
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To: SandRat

Heh.

I get this every time I do a phone bank. "How did you get my number?"

Uh, you gave it to me when you filled out your voter application.

"Take me off of your list"

Uh, lady, only YOU can do that. File a new app. and leave out the phone number this time...


14 posted on 11/07/2006 5:16:19 PM PST by absalom01 (The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.)
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To: SandRat
I agree. Having built, managed, and manned many phone banks over the years, I hate them.

What we need is a huge ad campaign telling people that if they are "Undecided", they are obviously too uneducated to exercise the franchise. The canard, "it doesn't matter who [sic] you vote for, just vote!" should become, "Hey, you're stupid. Stay home and don't screw up the country."

15 posted on 11/07/2006 5:20:56 PM PST by jammer
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To: Logophile

It was Sullivan vs NY Times (I made an A on that paper in MBA school business law class).


16 posted on 11/07/2006 5:22:07 PM PST by jammer
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To: SandRat
"We really do focus our law enforcement efforts on entity's that are violating the telemarketing sales rule." Krebs said. They aren't even doing that, judging from the carpet-cleaning company which calls me on a weekly basis and against which I have filed three FCC complaints.

While the media likes to spin this as the politicians just exempting themselves, the truth is that many, many other types of calls are permitted under do not call:

Chairtable (i.e, Volunteers of America)

Educational (if you have a kid in high school, you know what I mean)

Social (the Jaycees or the Elks can open up the phone book and dial for members)

Religious (thankfully, this has not caught on in a widespread fashion)

Military (if your kid has just graduated high school... or worse. The Navy still calls for me at my mother's house, and I haven't lived there since the first Bush Administration)

To name just a few exceptions.

17 posted on 11/07/2006 5:29:33 PM PST by GoBucks2002
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To: SandRat
The worst part of this robo calling is that even tho you hang up the call is not disconnected until the end of their spiel.

No way to disconnect. We have to make complaint to our public utilities boards to make sure this stops.

18 posted on 11/07/2006 5:31:08 PM PST by OldFriend (Vote For the Sake of All the People in the World Who Never Get to Vote)
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To: SandRat

Get an answering machine and caller ID.


19 posted on 11/07/2006 5:31:09 PM PST by Right Wing Assault ("..this administration is planning a 'Right Wing Assault' on values and ideals.." - John Kerry)
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To: SandRat

I got a call from Rev. Jesse Jackson himself, just 30 minutes before the polls closed here.


20 posted on 11/07/2006 5:32:35 PM PST by Alouette (Psalms of the Day: 79-82)
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To: SandRat
I was asking my husband this same question yesterday. We have pretty much quit taking phone calls around the last few days before the election, but this year they left a lot of messages on our answering machine, which is not good, especially when they start adding up as I go through them. Since these callers have no idea how many other people are leaving messages, overtime this can create quite a mess and a glut of non essential messages taking over the answering machine.

Mail is atleast manageable in that one can see quickly what it is and keep or throw away. ANNOYING. WHat is really annoying is when they are Dems calling out house don't they know we'd die before voting for a rat? How dare they even call if it like Satan visiting me at church, having these. :-)

21 posted on 11/07/2006 5:35:56 PM PST by GOP Poet
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To: absalom01

Part of the problem is, they don't "take you off the list"; you have to specifically ask to be "put on a do not call" list, in their mind there is a difference. The "Do not call" list works well, excepting one has to ask specifically not to be harassed, rather than offering to be put on the "Please call me during dinner time list".


22 posted on 11/07/2006 5:36:00 PM PST by Freedom4US (u)
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To: PackerBoy
It's political speech -- which is Constitutionally protected.

It is not a free speech issue, it is invasion of privacy and nuisance issue.

"Political speech" does not give someone the right to grab you on the street and hold on to your shirt while screaming political slogans in your face, the same should apply to you in your own home.

23 posted on 11/07/2006 5:36:17 PM PST by Alouette (Psalms of the Day: 79-82)
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To: GOP Poet
don't know where that--having these--came from at the end of my post. I guess my brain is not working well today (got up early to vote). Obviously disregard that brain burp please. Smiley face still applies. :-)
24 posted on 11/07/2006 5:38:42 PM PST by GOP Poet
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To: SandRat

If the law prohibitted political calls, it would clearly violate the 1st Amendment. As it was, it was a bit touchy in that regard.


25 posted on 11/07/2006 5:39:23 PM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: Larry Lucido

exactly


26 posted on 11/07/2006 5:39:42 PM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: Logophile
Of course, the Constitution itself makes no such distinction between "political" and "commercial speech.

No, not directly, but the Federalist Papers explain what the Amendment was intending to address.

27 posted on 11/07/2006 5:41:14 PM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: Alouette
Political speech" does not give someone the right to grab you on the street and hold on to your shirt while screaming political slogans in your face, the same should apply to you in your own home.

They don't grab you by the shirt and hold you. You simply hang up if you don't want to listen. When you put a phone in your home, YOU give them access.

28 posted on 11/07/2006 5:44:48 PM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: Alouette
Political speech" does not give someone the right to grab you on the street and hold on to your shirt while screaming political slogans in your face, the same should apply to you in your own home.

They don't grab you by the shirt and hold you. You simply hang up if you don't want to listen. When you put a phone in your home, YOU give them access.

That said, I find them annoying as well.

29 posted on 11/07/2006 5:45:39 PM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: All

unlisted number - not one call


30 posted on 11/07/2006 5:48:20 PM PST by ncpatriot
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To: Freedom4US

Yup.

The thing with the political calls, (with the exception of the automated ones) is that the data normally come from the county registrar of voters. Which the voter gave to the registrar in the first place...

So, if you don't want the ladies from the women's federated calling you on GOTV weekend, don't give your number to the registrar!


31 posted on 11/07/2006 5:50:34 PM PST by absalom01 (The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.)
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To: lepton
You simply hang up if you don't want to listen.

But your phone does not disconnect until the entire recorded message has been delivered.

2 days ago I just turned off all the ringers on all the phones in the house. Anybody who really needed to call me, called my cell.

32 posted on 11/07/2006 5:50:59 PM PST by Alouette (Psalms of the Day: 79-82)
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To: SandRat

Gak! Another journalist who doesn't know how to use paragraphs...


So screen your calls.


33 posted on 11/07/2006 6:11:38 PM PST by ukie55
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To: ncpatriot
unlisted number - not one call

We have had the same unlisted number for years, time to change it?

34 posted on 11/07/2006 6:14:30 PM PST by TYVets (God so loved the world he didn't send a committee)
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