ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Tuesday, December 3, 1996 TAG: 9612030079
SECTION: NATIONAL/INTERNATIONAL PAGE: A-4 EDITION: METRO
DATELINE: WASHINGTON
In action sure to please many Americans annoyed by the latest in ``junk calls,'' the Supreme Court on Monday let stand California's ban on fully automated telephone sales pitches.
The justices, without comment, turned down a businessman's argument that two California laws imposing the restrictions violate his free-speech rights.
The laws - similar to those imposed by the federal government and at least 40 other states - restrict the use of machines that automatically dial telephone numbers and play pre-recorded messages.
Such devices can be used only if a live operator first identifies the sponsor and gets the listener's consent to play the message.
The federal law and both California statutes have been upheld by the 9th U.S. Circuit Court of Appeals.
In other matters Monday, the justices:
* Rejected the appeal of a woman convicted of blocking access to a Milwaukee abortion clinic two years ago, turning away her contention that she wrongly was denied a jury trial.
* Upheld Ohio's latest congressional redistricting plan despite a former congressman's complaint that drawing new electoral districts has become too political.
* Heard arguments by California fruit growers who invoked their free-speech rights in a bid to escape federally imposed mandatory dues for generic advertising of their crops. The court's ruling, expected by July, could have a major impact on how farm goods are promoted.
The automatic telephone messages case was carried to the nation's highest court by William Bland of Orange, Calif., who once used automatic devices to promote his carpet-cleaning business.
Bland was notified by the telephone company in 1994 that it would cut off his service unless he started using live operators.
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