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About The nugget. (Sisters, Or.) 1994-current | View Entire Issue (Sept. 25, 2019)
Wednesday, September 25, 2019 The Nugget Newspaper, Sisters, Oregon City snapshot Commentary... Madison, robocalls and the First Amendment By Pete Shepherd Columnist By Sue Stafford Correspondent " This Saturday, September 28, from 8 a.m. to noon, join in the Fall Cleanup around town and in the surrounding forests, sponsored by Sisters Park & Recreation District. Participate as an individual, group, business, or school. Supplies and assignments will be provided at SPRD at 8 a.m. To register online visit www.sistersrecreation.com; register by phone at 541-549- 2091; or in person at 1750 W. McKinney Butte Rd. " The job opening for a Senior Planner in the City9s Community Development Department has been posted and will close October 7. Contact Kerry Prosser, city recorder, for more informa- tion, 541-323-5213. " The Planning Commission is continu- ing to review the text of the Development Code to find outdated codes or language that should be removed or updated. At their meeting last Thursday, they looked at rear setback standards for acces- sory dwelling units (ADUs), mix of housing types required in Master Plans in the mul- tifamily residential zone, as well as requirements for stand-alone residential use in the commercial district. " Planning commission- ers also reviewed proposed changes required to the code language in chapter 2.10 of the Development Code deal- ing with the Special Flood Hazard Overlay. The pro- posed amendments will go to City Council and return to the Planning Commission for a formal public hearing. The amendments must be adopted in order for Sisters residents living in the overlay area to qualify for federal flood insurance. Commissioners discussed new rules issued by the Federal Communications Commission affecting land- use processes and require- ments for telecommunication equipment. Have a story idea for Robocalls 4 I detest them. You probably do, too. If James Madison had had a cell phone when he was writ- ing the First Amendment, he9d have pulled his pow- dered hair out in frustra- tion over the frequent interruptions. These breaches of our peace and quiet were still two centuries in the future when Madison9s quill pen scratched out his first draft. Robocallers have now joined publishers, readers, debat- ers, protesters, dissenters and many others in claiming the guarantee of free speech that Madison helped graft to our federal Constitution. Legislators in Montana and Wyoming recently ran smack into Madison9s hand- iwork when they tried to stop the flood tide of robo- calls. They banned robocalls for commercial and politi- cal purposes. Legislators in both states allowed robo- calls to continue for other purposes, such as charitable fundraising. That didn9t sit well with Victory Processing, a political consulting firm that used robocalls in both states. The company dusted off Madison9s First Amendment and put it to work to brush back Montana and Wyoming. Victory Processing argued that both laws were invalid because they violated the company9s free-speech rights. The First Amendment prevents governments from <abridging the freedom of speech.= The company wanted to speak through robocalls. It had a strong argument. The states, back on their heels from the start because of the plain language of the First Amendment, claimed their laws were focused like lasers on avoid- ing the problems unwanted robocalls cause in the form of overflowing answering machines and busy phones. It wasn9t enough. Federal judges observed that chari- table robocalls allowed by Wyoming and Montana filled answering machines and tied up phones in the same way as the commercial and politi- cal calls that the states had banned. What9s more, the judges concluded that leg- islators had cherry-picked Not Using Your RV? Want it Sold? CONSIGNMENTS WANTED! to Cons i gn V ★ We arrange financing! S N O S A E R ★ We certify the RV as sound 9 R ith Larr y’s Your RV w with a full systems check! ★ No waiting by the phone! ★ RV is shown at our lot, ★ We advertise for you! not at your home! ★ We help you set a price! ★ We have excellent ★ No missed appointments! Highway 97 exposure! Send an email to editor@nuggetnews.com banned calls on the basis of their content. Speakers on some subjects could use robocalls. Speakers on other subjects couldn9t. Interpretations of the First Amendment have become more and more complex in the years since Madison put his pen to paper. One prin- ciple is crystal clear: it is very difficult to justify laws that muzzle peaceful speech about one subject and yet allow people to freely sing out in the same way on a dif- ferent subject. If Madison were alive today, he might suggest that we look to California for laws that do not violate the First Amendment. California skinned the First Amendment cat by requiring a real person to begin calls. The guts of the message can be delivered by a robot, but not until after a real live person has made the connection and establishes that you want to hear the recorded information. Some historians think Madison was too much cow- boy and not enough horse 4 that is, great on theory, and not so hot when it came to putting theory into practice by actually moving down the trail. So it is in California. Robocalls still happen. But that is a problem of practi- cal enforcement, not of con- stitutional law and the First Amendment. Citizens for Community and The Nugget have joined forces to sponsor a forum on the First Amendment. It will be held on Thursday, October 24, at the Sisters Fire Hall. The event begins at 5:30 p.m. Madison is unlikely to attend, but his spirit will certainly be the loudest voice in the room. Wa t c h T h e N u g g e t for more about the First Amendment event. Just don9t wait for a robocall invitation! Projects Small Or Large Start With Our Dream Team of Building Pros GOT QUESTIONS? Lumber • Paint Hardware • Tools • Siding • Doors Windows • Fencing • Decking Plumbing & Electrical Supplies FREE Local Delivery Serving Sisters Since 1976 Hours: M-F 8-5, Sat. 8-4:30, Closed Sundays 440 N. Pine St. • 541-549-8141 • www.hoyts.net See our complete inventory online at www.larrysrv.com Call 541-923-4564 3000 S. Hwy. 97 in Redmond CREATIVITY, CULTURE, AND FAITH RETURNS WITH MOVIE NIGHT... THE BLIND SIDE Wednesday, October 9 • 6:45 p.m. Sisters Movie House, 720 Desperado Ct. The Nugget? We9d love to hear it! 21 Tickets are available only at Sisters Community Church offi ce 1300 W. McKenzie Hwy. | 541-549-1201 The Sisters-Camp Sherman Fire Department and Cloverdale Fire District are looking for volunteer fi refi ghters! We offer free training and a chance to be on a team that will feel like family. 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