MISSOURI EX REL. NIXON v. AMERICAN BLAST FAX, INC.

Nos. 02-2705, 02-2707.

323 F.3d 649 (2003)

State of MISSOURI, ex rel. Jeremiah W. (Jay) NIXON, Attorney General, Plaintiff-Appellant, United States of America, Intervenor/Plaintiff-Appellant, v. AMERICAN BLAST FAX, INC., a Texas corporation not authorized to transact business in Missouri as a foreign corporation, Defendant-Appellee, Fax.com, Inc. Movant-Appellee. State of California; State of Alaska; State of Arkansas; State of Connecticut; State of Colorado; District of Columbia; State of Florida; State of Idaho; State of Illinois; State of Iowa; State of Kentucky; State of Maryland; State of Michigan; State of Minnesota; State of New Mexico; State of Oregon, State of South Dakota; State of Texas; State of Vermont; State of West Virginia, Amici Curiae on behalf of Appellants, American Business Media; Wal-Mart Stores, Inc.; ACS Systems, Incorporated; Micro General Corporation, Amici Curiae on behalf of Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 21, 2003.


Attorney(s) appearing for the Case

Jill C. LaHue, argued, Jefferson City, MO, for appellant State of Missouri.

Mark B. Stern, argued, Dept. of Justice, Washington DC, for appellant U.S.

Stuart A. Banner, argued, Los Angeles, CA, for appellee Fax.com.

Jeffrey S. Sutton, argued, Columbus, OH, for amicus, Wal-Mart Stores.

Before WOLLMAN and MURPHY, Circuit Judges, and GRITZNER, District Judge.


MURPHY, Circuit Judge.

In these two consolidated cases the State of Missouri sued American Blast Fax, Inc. and Fax.com, Inc. for violating statutory restrictions on unsolicited fax advertising. The district court held that the relevant part of the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227(b)(1)(C) (2000), violated the First Amendment guarantee of freedom of speech, and dismissed the action.2 Missouri ex...

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