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.