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NY Appellate Court Finds Law Against Unwanted Faxes Constitutional

By Cerisse Anderson
May 01, 2004

In the first New York appellate ruling on the constitutionality of a federal ban on unsolicited advertising faxes, the Appellate Term in Brooklyn reversed two lower courts and declared that the law does not impinge on First Amendment protections for commercial speech.

A three-judge panel of the Appellate Term for the 2nd and 11th judicial districts in the 2nd Department (covering the New York City boroughs of Brooklyn, Queens and Staten Island) unanimously overturned rulings from civil courts in Brooklyn. The lower courts had dismissed actions seeking damages under the 1991 federal law that sought to quell annoying unsolicited advertisements sent to consumers' fax machines.

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