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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
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Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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2. A state legislature enacts a statute that prohibits the ...

Resolved Question:

2. A state legislature enacts a statute that prohibits the marketing of products through unsolicited telephone calls.Despite the ststute the president of the company orders the company's telemarketers to to continue to call customers. Monica an employee is arrested for making a call. What is Monica's best Constitutional defense aginst this statute?
Submitted: 8 years ago.
Category: Legal
Expert:  Thomas Swartz replied 8 years ago.


Monica's best Constitutional defense would be that the state statute is unconstitutional because it violates the First Amendment. The First Amendment prohibits Congress and the States (through the 14th Amendment) from abridging freedom of speech. Monica's actions are clearly just speech, even though commercial, and as such the statute violates her right to exercise free speech.


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