The do-not-call registry is unconstitutional because it violates the First Amendment,

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After the registry was established,affected commercial telemarketers initiated litigation questioning the legal validity of the registry.In Mainstream Marketing Services,Inc.v.Federal Trade Commission,358 F.3d 1228 (2004),the U.S.Court of Appeals for the Tenth Circuit upheld the registry as a valid exercise of statutory authority granted by Congress and rejected the telemarketers' argument that the registry violated their First Amendment rights.

The Do-Not-Call Registry Is Unconstitutional Because It Violates the First