FTC vs. First Amendment

[Declan McCullagh]

On Tue, Oct 02, 2001 at 08:29:31AM -0700, David Honig wrote:
> So if someone goes to your site, the FTC can tell you how to 
> communicate?  Or only if your site's DNS entry is hamming-close
> to another?  Or only if you're communicating unPC (e.g., erotica)
> content?
> 
> And how does "bombarding them with ads" differ from spam, which
> has been 1st-amend. protected so far?

Isn't the source of the FTC's authority its statutory power against
unfair and deceptive practices? Seems as though you should be arguing
against that law -- this is just the latest action taken under it.

-Declan