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Essay / Research Paper Abstract
Paul has just been arrested for a violation of a State law, similar to the national Telephone Consumer Protection Act of 1991 known in lay terms as the “do-not-call list,” prohibiting marketing through unsolicited telephone calls after the president of his company, International Marketing Inc, (IMI) has ordered all IMI telemarketers to ignore the list and place unsolicited calls. Paul’s best defense against a conviction under this State statute (through his attorney and the appeal process) is not to defend his personal actions to the court or take a constitutional stand as in a first amendment defense, but to move culpability from himself back to either the president of IMI or the company. jvDefens.rtf
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list," prohibiting marketing through unsolicited telephone calls after the president of his company, International Marketing Inc, (IMI) has ordered all IMI telemarketers to ignore the list and place unsolicited calls.
Pauls best defense against a conviction under this State statute (through his attorney and the appeal process) is not to defend his personal actions to the court or take a
constitutional stand as in a first amendment defense, but to move culpability from himself back to either the president of IMI or the company.
The student may want to note that Paul has several options available to him. If he believes strongly in his first amendment rights to free speech and wants
to defend this as his right, for example, he can choose to make a challenge to the new State law by claiming that the State telemarketing law violates his First
Amendment rights to free speech and association. This might be a good test of the law in the courts for the telemarketing industry as the courts have not yet heard
any/many cases post-legislation. However, the federal courts have not yet upheld first amendment rights in similar cases. Therefore, this would not be Pauls best defense.
Paul has another option, that of claiming the right of self-defense or self-preservation. This is the right of any individual under the law to protect himself from intentional
or unintentional harm by others and it operates toward synthesis with a shifting of blame to the president of IMI, where it belongs. In the argument for self-defense or self-preservation,
Paul could point out how the job market has shrunk in the last years and that his current telemarketing position with IMI is his only source of income and the
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