Law Commons^™

Hanging Up On Commercial Speech: Moser V. Fcc, Paul S. Zimmerman

Washington Law Review

The Ninth Circuit Court of Appeals in Moser v. FCC upheld the constitutionality of provisions in the Telephone Consumers Protection Act which prevent the commercial use of devices that deliver a pre-recorded sales message to home telephones. This Note examines the history of the U.S. Supreme Court's treatment of commercial speech and argues that the Ninth Circuit decision failed to apply criteria reflective of the Court's conception of the significant role played by commercial speech in our economy and society.