Printer Friendly
The Free Library
14,559,820 articles and books
Member login
User name  
Password 
 
Join us Forgot password?

Courts rule newsletter "commercial speech," NPA files friend of the court brief.


In decisions sending chills through the newsletter industry, both a trial court and the U.S. Court of Appeals for the Ninth Circuit rejected the argument that United Reporting Publishing Group's newsletter and information service were entitled en·ti·tle  
tr.v. en·ti·tled, en·ti·tling, en·ti·tles
1. To give a name or title to.

2. To furnish with a right or claim to something:
 to First Amendment protection. Instead, the courts ruled that they constitute "commercial" speech, which was described as "related solely to the economic interests of the speaker and its audience."

California-based United Reporting's 'Jailmail' Register and an ancillary Subordinate; aiding. A legal proceeding that is not the primary dispute but which aids the judgment rendered in or the outcome of the main action. A descriptive term that denotes a legal claim, the existence of which is dependent upon or reasonably linked to a main claim.  information service provide arrested persons' addresses for its subscribers, who are criminal defense attorneys and others involved in the criminal justice system. It also uses the addresses to market its newsletter directly to arrestees.

However, California California (kăl'ĭfôr`nyə), most populous state in the United States, located in the Far West; bordered by Oregon (N), Nevada and, across the Colorado River, Arizona (E), Mexico (S), and the Pacific Ocean (W).  recently changed its public records act to state that arrestees' addresses "shall not be used directly or indirectly to sell a product or service to any individual or group of individuals." Yet, the law does permit "journalistic jour·nal·is·tic  
adj.
Of, relating to, or characteristic of journalism or journalists.



journal·is
" uses of the addresses.

United Reporting filed suit in federal court, arguing that its First and Fourteenth Amendment Fourteenth Amendment, addition to the U.S. Constitution, adopted 1868. The amendment comprises five sections. Section 1


Section 1 of the amendment declares that all persons born or naturalized in the United States are American citizens and citizens
 rights had been unconstitutionally abridged. That argument was rejected by both the trial court and U.S. Court of Appeals.

The U.S. Supreme Court has agreed to hear the case, and the Newsletter Publishers Assn. has filed a friend of the court brief. NPA's Hotline 1. (company) Hotline - Hotline Communications Ltd..
2. (messaging) Hotline - Hotline Connect.
 reports:

NPA (1) (Numbering Plan Area) The Bellcore/Telcordia telephone area code system in use in the U.S., Canada, Alaska, Hawaii and islands in the Caribbean. See NPA code.

(2) (Network Professional Association, San Diego, CA, www.npanet.
 pointed out to the Supreme Court that all newsletters, along with publications such as The Wall Street Journal and most other newspapers and magazines, are in the business of selling information to their clients; that has not previously been thought to convert the content of their publications into commercial speech. NPA observed that the Ninth Circuit appeared to have neglected the distinction between United Reporting's newsletters and the use to which the information in them is later put by the lawyers and others who solicit business from the arrestees."

The Supreme Court will hear the case in October or November.
COPYRIGHT 1999 The Newsletter on Newsletters LLC
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1999, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

 Reader Opinion

Title:

Comment:



 

Article Details
Printer friendly Cite/link Email Feedback
Publication:The Newsletter on Newsletters
Article Type:Brief Article
Geographic Code:1USA
Date:Aug 1, 1999
Words:313
Previous Article:Briefings Publishing Group finally acquired--by Wicks Business Information.(Brief Article)
Next Article:Association--of PR execs, no less--boycotts newsletter critical of its activities.(Brief Article)
Topics:



Related Articles
Can you say that? (pre-trial and trial publicity) (Civil Rights)
The Supreme Court's new rule on amicus briefs.
Taxing times for association free speech.(includes related article on state efforts to restrict lobbying)(American Society of Association Executives...
Technology litigation and insurance is latest Mealey launch.
NPA's finances.
Was it something we said? The government's defensive reply to TEI's amicus brief in Mead strikes a nerve.(Tax Executives Institute, United States v....
CITY WEIGHS IN ON LONG BEACH CASE U.S. SUPREME COURT ASKED TO UPHOLD ZONING LIMITS ON ADULT ENTERTAINMENT.(News)
Online research strategies for the bookish lawyer: lawyers with more legal than technical know-how can still use the many computer tools available to...
State Supreme Court ruling hailed by speech advocates. (Up Front).(Brief Article)
Wine ruling a setback for consumers.(Brief Article)

Terms of use | Copyright © 2009 Farlex, Inc. | Feedback | For webmasters | Submit articles