WaPo reports that the Supreme Court is today hearing a case on the applicability of the 1st Amendment to telemarketing. “Specifically, the question before the court is whether Illinois can sue a telephone fundraising firm for fraud because it solicited donations for a charity without telling potential givers that the fundraising firm, not the charity, would pocket 85 cents of every dollar.” I expect the state to win this one. Commercial speech has comparatively little protection under the 1st Amendment and so does fraud. The combination of those two would seem to make this a slam dunk.

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James Joyner
About James Joyner
James Joyner is Professor and Department Head of Security Studies at Marine Corps University's Command and Staff College and a nonresident senior fellow at the Scowcroft Center for Strategy and Security at the Atlantic Council. He's a former Army officer and Desert Storm vet. Views expressed here are his own. Follow James on Twitter @DrJJoyner.