DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
022705P.pdf 03/21/2003 State of Missouri v. American Blast
U.S. Court of Appeals Case No: 02-2705
and No: 02-2707
Eastern District of Missouri
Civil case - Constitutional law. Provisions of 47 U.S.C.
Sec. 227(b)(1)(C) regulating unsolicited faxes satisfies the
constitutional test for regulation of commercial speech and
did not violate defendants' First Amendment rights; there is
a substantial government interest in protecting the public
from the cost shifting and interference cause by the
unwanted fax ads, and the means Congress has chose to
address those harms directly and materially advances the
governmental interest; district court erred in finding the
provisions unconstitutional and the case is remanded for
further proceedings.