United States v. Waggy

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The law of unsolicited phone calls does not have a high profile. Perhaps as a result, the area is plagued with case law misapplying ordinary free speech principles. Some of these common misconceptions appear in the opinions of the magistrate judge and trial court 3 below and in some of the state court cases on which they relied. 

Even when a defendant’s telephonic speech is uncivil, vulgar, or offensive, it is still speech entitled to constitutional protection. A proper analysis must begin with the basic principles that government cannot restrict expression because of its content, and that any exceptions to that rule are few and far between.

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