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#85155 - 07/28/06 10:23 AM Need Opinions (Re: Junk Mail--at home--I may have something here)
squeak_D Offline
Senior Member

Registered: 10/08/00
Posts: 4715
Loc: West Virginia
Hey guys I wanted to know if anyone else is getting fed up with this as much as I am, and if anyone has taken steps to control it personally.

I'm sure we all share the common hatred for "jumk mail" and "spam" that we get in our email inboxes. Of course we know that we get this crap for several reasons--the worst part is that our own service providers are selling and pimping our personal information out.

Well here's another problem that's "greatly increasing". Junk Mail in our own private personal mail boxes delivered by the postal service. I HATE it with a passion. I know every Tuesday and every Friday, my mail box will be "overflowing" with stupid flyers, and other junk wanting me to buy this, support that, blah blah blah!

I duked it out with a local company to make their junk stop--and it WORKED. I got sick of getting flyers for these people because it was something I'd NEVER spend my money on. They didn't get my address from me, they use the "public phone book" or name lists they "bought" from another company.

Well I called them and simply said "Take my name and address OFF of your mailing list". The woman "with an attitude said this "Sir, we are protected by the "freedom of speech". Folks what I said next just may help all of us in stopping this crap!

I told the woman--"You're right, but your freedom of speech does have limitations and restrictions". I said your freedom of speech "protects" you in PUBLIC FORUM, and that your freedom of speech does not extend to the personal and private property of homeowners. I told her my mailbox is on "private property", and it is MY right as a private homeowner to deny their business access to my property be it in physical form or through soliciting advertisements.

I also said my mailbox isn't owned by the postal service. I bought the mail box, I placed it on my home, I own that mailbox, it belongs to me--and that it would be different if I were talking about a PO box because that's Federal property and I don't own the box--just renting it. She didn't know what to say.... She said "sir let me get you a supervisor".

I told him the EXACT same thing! He was dumbfounded--left speechless, had nothing to say. I told him feel free to contact your attorney to see if I'm wrong. I then told him you'll hear from "my" attorney if I continue to get your solicitations in my mailbox because you're violating MY rights by ignoring my request since I am the property owner, and his freedom of speech does not protect him on my property.

Simply put, if you wake up in the morning and find a "hate group" protesting on your lawn and you tell them to leave--only to find that one says "Freedom of Speech" you can have EVERYONE of them arrested because they're right to free speech doesn't protect them on private property

Maybe I'm hitting on some new law suits here. I think I'm going to call an attorney and check this out further. Sure the internets protectec because we don't own the servers, but rather rent their virtual space, but the home's we live in "deeded to us" are a physical entity.

Squeak
_________________________
GEAR: Yamaha MOXF-6, Casio MZX-500, Roland Juno-Di, M-Audio Venom, Roland RS-70, Yamaha PSR S700, M-Audio Axiom Pro-61 (Midi Controller). SOFTWARE: Mixcraft-7, PowerTracks Pro Audio 2013, Beat Thang Virtual, Dimension Le.

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#85156 - 07/31/06 05:07 AM Re: Need Opinions (Re: Junk Mail--at home--I may have something here)
kbrkr Offline
Senior Member

Registered: 11/19/02
Posts: 2867
Loc: Tampa, FL
Squeak

I share your frustration big time. You have a great point, but I don't think the premise is totally correct. I'm not an attorney or anything like that, but your mailbox and your mail is protected by Federal Law. Anyone tampering with your mailbox or the contents (mail) is subject to federal prosecution. That being said, Federal Laws are subject to the protection of the Constitution of which the 1st Amendment is a part of. So therefore, your Mailbox is really Federal property and subject to Freedom of speech.

Any attorneys on the forum want to correct me on this?
_________________________
Al

Pa4x - LD Systems Maui 28 - Mackie Thumps

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#85157 - 08/03/06 10:39 AM Re: Need Opinions (Re: Junk Mail--at home--I may have something here)
squeak_D Offline
Senior Member

Registered: 10/08/00
Posts: 4715
Loc: West Virginia
I've already taken into consideration the federal issue of propery as it relates to the homeowner and the mailbox. However, this is where it gets tricky.

You see by having the mailbox on our homes we allow the federal gov't access to our property--in turn also provides us federal protection. The mailbox isn't "owned" by the federal government. Placing the box on our home doesn't automatically make it theirs because at any given time I can remove it from my home and have all my mail sent to a PO box.

Here's the twist. These retailers that send all the junk mail are protected by "free speech", but no gov't agency can make anyone give up their rights as well. It's a catch 22 here. Freedom of speech doesn't extend to personal property-but is protected in public forum.

By placing the mailbox on my home--the federal gov't can't legally tell me that now my right as a private property owner to stop another individuals freedom of speech at my property line is waived. That's essentially what's happening, and in turn is a violation of my rights. The retailers are claiming free speech, the gov't can't protect them on private property by taking away my rights as a private property owner just because of the mailbox. There's no paperwork, no waiver signed (because that would be illeagle and against my constitutional rights as well).

It's a real touchy area ya know. I've contacted a reputable law firm in my state, and spoke with a good attorney. The attorney said I made some very valid points that certainly warrant further investigation. I was however told that I'm technically right in that the gov't can't legally force me to waive my right as a property owner to allow protected free speech to extend past my property line.

I'll keep people posted. It's a new area you know. We're trying to tackle the spammers online, but right now--nothing is being done about the spammers outside of the virtual community.

Squeak
_________________________
GEAR: Yamaha MOXF-6, Casio MZX-500, Roland Juno-Di, M-Audio Venom, Roland RS-70, Yamaha PSR S700, M-Audio Axiom Pro-61 (Midi Controller). SOFTWARE: Mixcraft-7, PowerTracks Pro Audio 2013, Beat Thang Virtual, Dimension Le.

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