|Received:||4/18/2004 12:56:59 AM|
|Agency:||Federal Trade Commission|
Re. question 1: While the "more important than all of the message’s other purposes combined" test for determining whether the an e-mail message is a "commercial" message within the meaning of the Act seems a reasonable one, given the First Amendment concerns raised by mixed commercial and noncommercial speech, it would seem worthwhile to specify that no other substantial purpose - and, in particular, no core First Amendment purpsoe - be reasonably discernable from the content of the message taken as a whole. e.g. "a commercial advertisement or promotion in the message is more important than all of the message’s other purposes combined, AND NO OTHER SIGNIFICANT PURPOSE, INCLUDING, BUT NOT LIMITED TO, POLITICAL AND OTHER ADVOCACY PROTECTED BY THE FIRST AMENDMENT TO THE U.S. CONSTITUTION, CAN BE REASONABLY DISCERNED FROM THE CONTENT OF THE COMMUNICATION AS A WHOLE."