TIP: Click on subject to list as thread! ANSI
echo: aust_ads
to: Tim Epstein
from: Rod Speed
date: 1995-08-28 20:32:08
subject: Do you need a $100,000.00

BG> PO Box numbers ONLY are now illegal for mail-order ads.

RS> The federal government has no power under the constitution
RS> to say that. The state governments do have that power.

TE> I think you're confused about states' powers regarding mail order

Nope.

TE> in terms of freedom of trade, which is indeed a state
TE> perogative, as the Federal Governmnet discovered when
TE> they tried to outlaw x-rated mail order videos.

Its not just mail order. Its the states prerogative to
regulate the detail of even over the counter sales too.

TE> However, PO Box numbers are a different issue altogether,
TE> and come under the Federal Postal and Telecommunications Act,

Nope, whether they are included in an advertisement for goods certainly
is not. The federal government certainly has the power to say control
what can be done in terms of say sending inflammable goods thru the post,
but they dont have any power to tell you what you can and cannot do in
an advertisement for goods as far as forcing you to have a street address
in that ad. The street address isnt even anything to do with the post
anyway and the operation can use a courier to send out the goods.

TE> which has Federal authority and is a direct decendant from
TE> the Post Master General days. Postal services were given to
TE> the Federal government under the constitution at Federation.

Yes, but thats all utterly irrelevant to whether
a street address is included in an ad for goods.

Similarly, they cant force an advertiser to include a physical
address in an ad which has a phone number in it either.

TE> As such, it is the perogative of the Federal Government
TE> to enact legislation in respect of postal services.

Yes, but the ad isnt covered by that. Any more than they
could for example require the staff of an operation which
advertises using a postal address to say wear uniforms etc.

TE> It was indeed the Federal Government that legislated an
TE> amendment to the abovementioned Act that provided that a
TE> P.O box on its could not be used in Mail Order marketing.

And I dont believe they have the power under the constitution to do that.

TE> As this issue is related to the postal service, and not interstate
TE> trade, it is constitutionally enforcable by the Federal government.

Nope, if it involves interstate trade, its stuffed by that problem
alone. The federal government doesnt have that power either.

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