From: "John C. Randolph" <jcr@idiom.com>
Date: Fri, 14 Feb 1997 07:12:37 -0800 (PST)
To: cypherpunks@toad.com
Subject: More on digital postage
Message-ID: <199702141512.HAA07695@toad.com>
MIME-Version: 1.0
Content-Type: text/plain



Tim may says:

>By the way, I think the "junk fax" and "junk phone call" laws are clearcut
>violations of the First Amendment. I understand why the herd _wants_ these
>laws, as it reduces the costs involved in replacing fax paper, running to
>the telephone only to find someone trying to sell something, etc., but it
>is quite clearly a prior restraint on speech, however well-intentioned.

I have to disagree here.  The junk fax law is a restraint on unauthorised
use of property, i.e. *my* fax machine, *my* phone, etc. 

That tort of unauthorised use of property applies, whether someone's sending
me a fax to sell me spamming software, or whether it's some kid ringing
my doorbell and running away.  It's not the speech that I'm fighting, it's 
the misuse of my property.

Freedom of speech does not confer a right to use other people's property.

-jcr