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Some of the state's unions and the Rhode Island ACLU affiliate say a bill that would ban political phone calls is unconstitutional.
PROVIDENCE - The possible creation of a political do-not-call list drew opposition yesterday from some of the state's unions, political groups and the American Civil Liberties Union.
The bill was introduced by Sen. William A. Walaska, D-Warwick, who said he decided to push for the list after hearing from several constituents. Walaska said they felt the phone calls were "an invasion of their privacy, the sanctity of their home."
But Steven Brown, executive director of the Rhode Island ACLU affiliate, said the bill is unconstitutional and that the state can't violate the First Amendment just to prevent a "mere nuisance."
Karen Malcolm, executive director of Ocean State Action, called the annoyance of the calls "a small price we all pay for a vibrant and open democracy."
And James Parisi, lobbyist for the Rhode Island Federation of Teachers and Health Professionals, said his group often calls its members asking them to take a particular stance on political issues. He said the proposed law would stop the union from talking with its members.
Under Walaska's proposal, residents would put their phone numbers on a new no-call list maintained by the state Board of Elections. Any political entity - whether calling in support of a candidate, opposition to an issue or to conduct a poll - would be prohibited from calling numbers on the list. Fines would be up to $1,000 for each violation.
The legislation would also prohibit calls from 9 p.m. to 9 a.m.
Telephone solicitors would also be required to disclose their name and which candidate, party or issue they were calling on behalf of in the first 30 seconds.
The Senate Judiciary Committee took no action on the bill after a brief hearing yesterday. Walaska now plans to meet with the various opponents and see if he can work out a compromise.
Walaska indicated yesterday that he might be willing to revise the legislation so that it would just prohibit recorded calls, often referred to as robocalls.
New Hampshire is the only state to restrict such calls, according to the National Conference of State Legislatures.
A 2003 law there requires political messages to - within the first 30 seconds -name the candidate or organization the call is made on behalf of and name the person or organization paying for it. New Hampshire's law also prohibits prerecorded calls to people on the federal do-not-call list but does not restrict live calls.
In the last two weeks, bills have also been introduced in Connecticut and Michigan. Connecticut's would make a no-call list for all political calls and Michigan's creates such a list for automated political calls.
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