On March 21, in Case No. 02-2705 and No. 02-2707, State of Missouri v. American Blast, the U.S. Court of Appeals for the 8th Circuit issued an opinion that upheld “Provisions of 47 U.S.C. Sec. 227(b)(1)(C) [Telephone Consumer Privacy Act of 1991 (pdf)] regulating unsolicited faxes satisfies the constitutional test for regulation of commercial speech and did not violate defendants’ First Amendment rights; there is a substantial government interest in protecting the public from the cost shifting and interference cause by the unwanted fax ads, and the means Congress has chose to address those harms directly and materially advances the governmental interest; district court erred in finding the provisions unconstitutional and the case is remanded for further proceedings.”
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