The FTC’s National Do Not Call Registry has been the focus of law and legislation this week. On September 23, the registry was blocked by a court order, and on September 25, the House and Senate, exhibiting unusal unanimity and alacrity, authorized the agency’s creation of the registry. But by the evening of September 25, the registry’s future was back in doubt as Judge Edward Nottingham, U.S. District Court, District of Colorado, issued a memorandum opinion and order, Mainstream Marketing Services, Inc. v. Federal Trade Commission, finding that the registry violated the First Amendment (specifically “commercial speech.”)
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Defendant Federal Trade Commission’s Motion for an Emergency Stay Pending Appeal; Defendant’s Memorandum of Points and Authorities in Support of It’s Motion for an Emergency Stay Pending Appeal.