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.

033848P.pdf   12/07/2005  Fraternal Order of  v.  Wayne Stenehjem
   U.S. Court of Appeals Case No:  03-3848
                          and No:  04-1620
                          and No:  04-1619
   District of North Dakota   
   [PUBLISHED] [Wollman, Author, with Heaney, Circuit Judge and
   Holmes, District Judge]
Civil Case - Civil Rights. District court's invalidation of North Dakota statute, as content-based regulation, restricting telephone solicitations to those residents who register with the state's "do-not-call" list is reversed. Statute restricting professional solicitors is content neutral; advocacy versus solicitation distinction is content neutral. Regulation may be upheld because residential privacy is a significant government interest, regulation is narrowly tailored, and does not substantially limit charitable solicitations. Neither is regulation overbroad. Judge Heaney dissents.