Quote:
	
	
		| Originally posted by Hank Chinaski serious question- i really don't care if telemarkers are made to follow a do  not call list or not,
 if the FCC can control what goes over the air, why can't some gov't entity stop telemarkets?
 | 
	
 It still has to justify those restrictions under the first amendment.  So you're back to square one.  
If you look at most of the FCC's regulatory work, it relates to the structure of the markets and allocating scarce resources (i.e., wavelengths and licenses).  When they regulate content (e.g., 7 dirty words), it's content that otherwise can be restricted under the first amendment (at least arguably).
And I don't think they could exclude an entire category of people from using the phones.