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A statute designed to crack down on ”junk faxes” is constitutional, a federal judge has held.
In an opinion made available Tuesday, U.S. District Judge Charles P. Kocoras declined to dismiss a lawsuit alleging that Phillips Randolph Enterprises LLC was faxed an unsolicited advertisement for a Chicago restaurant.
Kocoras rejected arguments advanced by Rice Fields, which does business as Baisi Thai Restaurant Inc., and the other defendants that the Telephone Consumer Protection Act violates the First Amendment and the due process clause.
The TCPA allows the recipients of unsolicited fax advertisements to seek the actual damages they incurred or $500 for each violation of the statute, whichever is larger.
An award may be trebled if the violation of the TCPA was willful or knowing.
Kocoras acknowledged that the U.S. Supreme Court in two cases – State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. 408 (2003), and BMW of North America Inc. v. Gore, 517 U.S. 559 (1996) – struck down jury awards of punitive damages that ”vastly” exceeded the amount of compensatory damages awarded.
But ”considerations pertinent to the validity of jury awards are not the same as those attendant to damage amounts set by statutes,” Kocoras said.
In setting statutory damages, he said, a legislature ”must choose a benchmark that will be appropriate to many different situations” and must consider such matters as the public interest.
The penalty set for a violation of the TCPA reflects the fact that the injuries inflicted on the recipients of unsolicited advertising faxes ”are not limited to the cost of materials used to print the fax,” Kocoras said.
”As a result, the severity of the potential punishment is not out of proportion with the offense or obviously unreasonable, even where the transmission consists of a single page,” Kocoras wrote, citing St. Louis, Iron Mountain, and Southern Railway Co. v. Williams, 251 U.S. 63 (1919).
Kocoras labeled as a ”nonstarter” the argument raised by the defendants – he referred to them collectively as ”Rice Fields” – that the TCPA violates the due process clause because a defendant named in a class-action suit could be hit with ”crippling” damages.
By making the transmission of junk faxes ”prohibitively expensive,” the TCPA serves the goal of deterring such conduct, Kocoras said.
”Contrary to Rice Fields’ implicit position, the due process clause of the Fifth Amendment does not impose upon Congress an obligation to make illegal behavior affordable, particularly for multiple violations,” Kocoras wrote.
Kocoras also rejected the contention that the TCPA violates the First Amendment.
The TCPA passes the four-part test for commercial speech set out in Central Hudson Gas & Electric Corp. v. Public Service Commission, 447 U.S. 557 (1980), Kocoras said.
But Kocoras said the defendants were wrong when they asserted that the government did not have a substantial interest in regulating unsolicited fax advertisements and that the TCPA therefore flunked the second part of the Central Hudson test.
Kocoras rejected the notion that Edenfield v. Fane , 507 U.S. 761 (1993), requires Congress to provide empirical data to back up the significance of the interest purportedly served by a statute.
Instead, that ruling states only that ”a governmental body seeking to restrict commercial speech must set forth harms that are real, not speculative or the product of conjecture,” Kocoras said.
Kocoras said the TCPA passes muster under the third part of the Central Hudson test because the statute directly advances Congress’ interest in shielding unwilling recipients from unsolicited faxes.
And Kocoras said the TCPA meets the fourth part of the test because the methods it sets out for battling junk faxes ”reasonably fit the goal of reducing the costs and wasted time” stemming from the receipt of such unwanted ads.
The case is Phillips Randolph Enterprises LLC v. Rice Fields, d/b/a Baisi Thai Restaurant Inc., et al. , No. 06 C 4968.
NOTE: Chicago attorney Thomas A. Zimmerman, Jr., of the Zimmerman Law Offices, P.C., represents the plaintiff Phillips Randolph Enterprises, LLC in the litigation.


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Today we are looking at the Gospel of Luke and how the angel Gabriel announced the births of John the Baptist and Jesus. As we work through these stories we will see how Mary emerges as an example to us in a couple of different ways.
. . . to make his announcement about John and Jesus. There are a number of parallels in these two accounts and I want to use these to lay out these stories. (The presence of parallels are noted by most commentators, but see especially John Nolland).
Zechariah is an older priest, married to Elizabeth – v. 5.
Mary is a young woman, betrothed to Joseph – vs. 26-27.
Gabriel tells her that She is favored by God and the Lord is with her – v. 28.
“Elizabeth was barren, and both were advanced in years” – v. 7.
Mary was a “virgin” – v. 27, engaged, but not yet married.
He appeared to him in the Temple in Jerusalem while he was offering up incense in the Temple during prayers – vs. 8-10; 13.
He appeared to her in Nazareth in Galilee – v. 26.
“Do not be afraid . . . you have found favor with God” – v. 30.
“Your wife Elizabeth will bear you a son and you shall call his name John” – v. 13.
“Behold, you will conceive in your womb and bear a son, and you shall call his name Jesus” – v. 31.
Gabriel also tells them both about the greatness and life mission of each child.
“How shall I know this? For I am an old man, and my wife is advanced in years” – v. 18. In other words, we’re too old!
“You will be silent and unable to speak until the day that these things take place, because you did not believe my words” – v. 20.
Elizabeth is with child. This is a sign to Mary that nothing is impossible with God, as Gabriel says in v. 37.
He quietly waited for the fulfillment. What else could he do?
She responded in faith, “Behold I am the servant of the Lord; let it be to me according to your word” – v. 38.
1. Their social situation: It was more exceptional that God would come to lowly Mary, as opposed to Zechariah who was a priest, in the Temple, at the time of prayer.
2. Their spiritual status: Zechariah and Elizabeth are righteous, but Gabriel himself tells Mary that she has God’s favor.
3. The condition precluding birth: Elizabeth’s birth would be miraculous, but a virgin birth is an unprecedented miracle.
4. Gabriel came: Zechariah was praying and had asked for a child. God took the initiative to come to Mary. She hadn’t asked for anything.
5. Both were troubled: She was not terrified, but more perplexed about what the angel said.
6. They were told not to fear: Even as she is told not to fear, her favored status is emphasized.
7. Both will have a child: John is great, but Jesus is greater. And it is the greater honor for Mary to have him.
8. Both asked a question: Zechariah responded with doubt. Mary simply wanted to know how God would do what he said he would do.
9. Both received a sign: Zechariah was judged for his unbelief – he couldn’t speak. She received a positive sign – Elizabeth was pregnant.
I am showing you all this to make a point.
She is the hero of the story. Zechariah is also blessed, but Mary is the focus. What can we learn from her?
1. Mary is an example to us that God loves to use the lowly to fulfill his will. She was of humble circumstances. This is especially so in contrast to Zechariah. He was a priest, a man – who had priority in this culture, and he was older. She had no official role, was a woman and young, somewhere between 14-20 years old.
She was not just lowly in circumstance, she was also inwardly humble. In vs. 28-29, the angel said, “Greetings, O favored one, the Lord is with you.” This was a strange thing for her to hear and so she was trying to make sense out of it. She must not have thought of herself as greatly favored by God.
She referred to herself as a “bondservant” or slave in – v. 38. And later in the story she spoke of her “humble estate” in v. 48.
She also reminds us of what Jesus said in Luke 14:11, “For everyone who exalts himself will be humbled, but he who humbles himself will be exalted” – that is, by God.
2. Mary is an example to us of how to receive God’s word in faith. She had amazing faith. She was told that God will do what had never been done in all of human history – the impossible. What was her response? She said in v. 38 – “Behold, I am the servant of the Lord; let it be to me according to your word.” ‘OK God, do whatever you want.’ This is amazing faith!
Did she think of the shame factor, that everyone would suspect that she was unfaithful? Did she think of the complications this would bring to her marriage. Joseph almost divorced her as we learn in Matthew. This was going to mess up her life!
But nevertheless hers was a response of faith. She believed, just as Gabriel said, that “nothing will be impossible with God” – v. 37.
Now, having said this it is clear that she was not perfect. Later she had doubts about what Jesus was up to, like the other disciples, and Jesus’ brothers. But Mary is an example to us in this story. She teaches us that God loves to use the lowly to accomplish his will. And she teaches us how to receive God’s word in faith, so that God can work in and through us.
We are looking at Luke 15:11-32 this morning and the story of the prodigal son.
Jesus is receiving and eating with repentant sinners; people who have intentionally disregarded God and knowingly done what was wrong.
The Pharisees do not approve of this; people who have tried to keep God’s will.
This is the situation that is being dealt with in the whole of Luke chapter 15.
Then in Luke 15:3-10 come the twin parables of the lost sheep and the lost coin – which comment on this situation. Yes, there are those who are not lost – the 99 sheep and the 9 coins, but when the one that was lost is found there is rejoicing. Even rejoicing in heaven among the angels.
So all these parables refer back to the situation of Jesus and the Pharisees and comment on it.
The point of our parable, then, is that it is right to welcome and celebrate sinners who repent.
Now, beyond this central point – there is much that we can learn from this parable about repentance, and we have looked at it in this light.
There is also something to learn about how those who have sought to be faithful and have been serving God for years, should be welcoming to repentant sinners, and rejoice for them, despite their years of sin and failure.
And there is also much to be learned about God’s love. And this is our focus today. And to get to this, first we look at . .
1. The father’s love endures rejection. His son’s request was highly unusual, indeed insulting to the father. You only get your inheritance when your father is dead! And so the son is, as it were, treating his father as if he is already dead. And he just wants his money. He doesn’t care about his father, only what he can get out of him.
But the father grants his wish. V. 12 – says “he divided his property between them,” that is the two sons.
2. The father’s love accepts his son when he repents. Even though the father knew his son was wasting his own hard earned resources and squandering his good gifts . . ..
and being so hungry that he longed for their food . . ..
This kind of display of affection was unusual in this cultural context. It shows the intensity of his love for his son. And this despite all that his son had done wrong.
The father’s love survived all the insult and pain and was there waiting for him as he returned from far away and from his foolishness. It was waiting to accept him.
3. The fathers’ love is full of mercy. He gives him so much more than he deserves, given all that he has done. V. 22 speaks of . . .
All of these items speak to a certain social status. The father is proclaiming him to be his son and not a servant. (The son had only hoped to be accepted back as a servant).
And then the father welcomes him with a party – v. 23. The fattened calf is brought out, reserved only for the most special of occasions.
4. The father’s love is patient with the elder brothers grumbling. The elder son objected to the party. In fact, he insults his father by not taking part. Even though the father pleaded with him.
This shows us again that sin has consequences. The younger son’s inheritance was still all gone. But the point here is that the father honors faithfulness. Everything the father has is his elder son’s. He is blessed for his faithfulness.
1. God’s love endures our rejection of him. So often we dishonor God by making our own choices that go against God and God’s way. But yet, like the prodigal son, we want what we can get out of God. When we get in trouble or there is an emergency we call for God’s help.
But despite our all this, our heavenly father’s love for us endures.
2. God’s love accepts us when we repent. No matter how much we have rejected God, no matter how much we have debased ourselves, no matter how much we have squandered God’s gifts to us – when we come to our senses and come to him in repentance – God is there to welcome us with affection and love.
None of which we deserve.
4. God’s love is patient with us when we grumble. Although we all live out the prodigal son’s story to some degree, since we understand that we have all sinned against God, we can also all find ourselves in the place of the elder son.
Perhaps you were raised as a Christian, or at least you’ve been a Christian for many years – serving God and seeking to do what is right.
And we become proud and un-accepting of those who have lived truly sinful lifestyles for years. All the attention and fuss that is made over them. We’ve been toiling in silence for years!
Yet God lovingly and gently admonishes us to rejoice with those who have come to their senses; to welcome them.
5. God’s love rewards us for faithful service. God’s grace to those who have wasted so much of their lives in sin, will not cheat anyone out of God’s blessings. No one needs to fret or be upset.
If we have truly been faithful, God will be faithful to bless us for all that we do for him.
So we learn much about God’s love to us in this parable – when we are walking in sin, when we come to God in repentance and when we are faithful as well. God loves us with an amazing love!
Well today is Palm Sunday, the day we remember when Jesus presented himself to Jerusalem as king.
At Jesus’ second coming, when he appears in glory as king, will we be any more ready?
We saw last week why we need to be ready for when Jesus returns and sends out his angels to gather those who claim him as Lord. We need to be ready because the unfaithful will be separated out from the faithful.
So there is a sorting process, and some who are gathered, or who seek to be gathered, will not make it into the eternal kingdom. While those who are found faithful will be gathered to Jesus, will be resurrected, and will receive eternal rewards.
Now we know that . . .
Acknowledge that Jesus is the Messiah, whom God has sent to be the Savior of the world.
Turn from our old life of sin and wrongdoing, and commit to live a new life just as Jesus has taught.
Ask for and receive the new life that comes through Jesus. This includes the forgiveness of our sins and also new life by the Spirit; new birth.
Without this you don’t get anywhere! This is the foundation. And this is all assumed in what our Scriptures talk about today, for Jesus is speaking to his disciples – Christians.
The question that is focused on in our scriptures today is: Have we been faithful with the grace we have received?
And on that day of sorting we want to be found among those who are faithful! So here are . . .
. . . that Jesus speaks of, that show us how to be alert and ready for his coming.
She was attached to her life in Sodom and was judged. She was sorted out of the faithful remnant.
We should not tarry or turn back. This is what Jesus is talking about in v. 31. In that day don’t seek to grab your possessions, or if you are in the field don’t turn back toward your home.
So this raises the question for us – Are we attached to our earthly life?
As he says in v. 33, in the context of his second coming, “Whoever seeks to preserve his life will lose it, but whoever loses his life will keep it.” This is a warning. Don’t be attached to your earthly life! That is, to your family, possessions, status and earthly plans.
If you cling to your earthly life on the day of gathering, you will be sorted out, just like Lot’s wife. That’s why Jesus said, in v. 32 – “Remember Lot’s wife.” That’s the lesson here. She sought to preserve her life and so she lost her life. Don’t be like her.
We have to be able to let it all go, to lose it all in a moment – unsaved loved ones, our possessions, our projects and our earthly dreams.
And the way to prepare for this is to choose now to die to your earthly life. In the words of Jesus “to lose your life.” Already now put God first above all else on this earth. Then you will be ready and not hesitant on the great day of gathering when the angels come for you.
#2. Do the will of God, just as Jesus teaches. By far, Jesus talks about this the most when he speaks of being ready for the great gathering.
Notice that they confessed Jesus as Lord. They looked to him as the Messiah.
These are disciples that thought all was OK in their lives. Indeed they thought that they were outstanding followers of Jesus, waiting for their commendation. But they don’t make it in!
Why? They did not obey the will of God. Jesus has just taught about this in the Sermon on the Mount, right before this passage – much of it focused on what it means to love our neighbor. They didn’t practice this.
As Jesus says in v. 21 it is “the one who does the will of my Father who is in heaven” who “will enter the kingdom of heaven” on that final day of sorting.
But these people knowingly allowed sin to remain in their lives. They chose not to deal with it. This is why Jesus said, “depart from me, you workers of lawlessness.” They are sorted out due to continued unrighteousness in their lives.
What do we learn about being ready for the great gathering? Obey God in every part of your life. Put into practice all that Jesus has taught and modeled for us. Hold nothing back; no part of your life.
And when you fail, repent and find forgiveness and move forward again. Endure in your obedience until the end.
#3. Do your work for the Kingdom. That is, whatever God has called you to do, whatever God has gifted you to do, make sure you do it.
One didn’t work. He was lazy and did nothing and was judged. Jesus says about him, “Cast the worthless servant into the outer darkness. In that place there will be weeping and gnashing of teeth.” – Matthew 25:30.
It will work the same way for us on that final day when Jesus returns. If you do nothing to work for the kingdom, you will be sorted out as well.
What do we learn about being ready for the great gathering? Serve Jesus with your life, your gifts, your time, your resources. Find out what Jesus wants you to do, and then get busy! Work hard to advance the kingdom.
Now, I know it can be a somber thing to think about this business of being sorted, and some being sorted out. But we are given this teaching (and there is a lot of it) so that we can examine our lives and make the changes we need to make in order to be ready. So that we can indeed be found faithful.
Work hard for the kingdom – you will be blessed!
You will hear these words from Jesus, “Well done, good and faithful servant.” We will have Jesus’ seal of approval before all of creation.
He will say, “You have been faithful over a little; I will set you over much.” We will be rewarded for our faithfulness; for all of our troubles and sacrifices for him. It will all be more than worth it.
We are planning a special outreach event on March 22nd – Bring a Friend Sunday. That is, a friend who is not yet a Christian, or a Christian who doesn’t already have a home church.
The idea is to bring in some visitors and make some connections. We want to reach out.
So I want to share some teaching this morning to help us get focused on outreach and our need to be thinking, praying and acting to “Seek out the Lost.” This comes from Jesus’ example and his teaching.
Jesus is teaching us that God sent him for this very reason. This was Jesus’ mission; the focus of his existence; why he came to earth.
-all of us who come here regularly and seek to follow Jesus.
He was not satisfied because one was still missing.
To use the language of the parable of the lost sheep, he had to “go after” the lost one – Luke 15:5.
As the parable pictures, he had to do something. He had to work. He left the 99. He went after the one, walking and looking, seeking it out.
To use the language of the parable of the lost coin, he had to “seek diligently” to find that which was lost – Luke 15:8.
He didn’t figure that one day the coin would simply show up. That someone would stumble across it.
As the parable pictures, he did something. He had to work. He lit a lamp, he swept the house and he searched carefully.
Searching for what is lost requires work. It can be tiresome, inconvenient and frustrating, but Jesus did it nevertheless.
Jesus sought the lost even though it was hard work.
The sheep were no doubt dirty, muddy, bleeding or sick.
The coin was no doubt dusty, dirty and covered with cobwebs.
Jesus sought out tax collectors, sinners and prostitutes.
These were people that did things that were wrong and offensive.
These were people that were different from him; from a different background and a different social setting.
Yet he sought them and welcomed them – Luke 15:2.
Even though the lost were often undesirable and unlike him, Jesus sought them out anyway.
Luke 15:2 says, “And the Pharisees and the scribes were grumbling and saying, ‘This fellow welcomes sinners and eats with them.’” And not only that, since Jesus was with sinners, they began to call him a glutton and a drunkard – Luke 7:34. It ruined his reputation.
Jesus sought the lost even though others did not approve.
The truth is most people ended up rejecting Jesus, but he sought out the lost anyway.
Matthew 9:36 says, “When Jesus saw the crowds, he had compassion for them, because they were harassed and helpless, like sheep without a shepherd.” Jesus felt for them and their situation; he had compassion.
And so in Matthew 10:6 (right after this) he sends his disciples to “go . . . to the lost sheep of the house of Israel.” His love moved him to send out his disciples to help him find the lost.
Jesus sought the lost because he loved them.
Sisters and brothers, as we see in this last verse . . .
1. Like Jesus our purpose is to seek out the lost. Jesus sends us out to finish what he came to do. This is our mission statement; the very focus of our existence – to seek out the lost.
2. Like Jesus we cannot be satisfied that some are lost. We can’t be satisfied with the 99 sheep that are found, or with the 9 coins already in the purse. With those who already have found Jesus.
3. Like Jesus we are to work hard to seek out the lost. We have to go out. They will not come to us. They are, after all, lost. Which by definition means they don’t know their way back! They can’t find their way to us.
Searching can be tiresome, inconvenient and frustrating. But nevertheless, we are to do the work that is necessary to seek out the lost.
4. Like Jesus we are to seek the lost, even though many are undesirable or unlike us. They are dirty, as it were, from their very lostness (which, by the way, we were as well in our lostness). They come from different walks of life than we are familiar with.
Yet we are still to seek them out and welcome them.
5. Like Jesus we are to seek the lost even if some do not approve or grumble that we do so, or slander our reputation.
We do this because we know that the very angels of God rejoice when the lost are found.
Most people will not respond to us, but we seek out the lost anyway.
7. Finally, like Jesus we are to seek the lost because we love them. They are harassed and helpless and need a Shepherd. And so we must act. And in acting we reveal our love for them.
We show them the path to Jesus and to new life and new hope.
Now I know that many of us are intimidated by this, and so we are reluctant to reach out on our own.
And that’s why we are providing you with, what is a fairly simple way to do this – to invite a friend to church for a special service and a meal.
We want you to begin this week by thinking and praying about who you might ask. And then when you have the person or persons in mind, to begin to pray for them.
This is where you can start, and then next week, I’ll have some more information for you.
This story comes right after Jesus’ conversation about the two greatest commandments and the story of the good Samaritan – which illustrates the second commandment to love your neighbor. In the same way this story of Mary sitting at Jesus’ feet and listening to him becomes an illustration of what it means to love God. To learn from and be in the presence of Jesus, who makes God’s word and presence known to us, is to love God.
The Martha and Mary story also illustrates the priority of loving God as the first commandment over serving the needs of others – which Martha was doing. We are to do both and there is a time and a place for each, but loving God takes priority.
`A. An illustration of loving God – vs. 38-42.
This familiar story turns on a contrast between two good things: kingdom service/hospitality and listening to the word of the kingdom.
* In Luke 4:39 Peter’s mother in law was healed and got up to “serve” Jesus and the others in her house.
* In Luke 8:3 there were several women who had been healed, who “provided” for Jesus’ needs while he traveled.
* The word means to provide food and hospitality; to take care of someone’s needs.
* This word is also the same word that is used for the Deacon work described in Acts 6, where the seven served food to the needy in the church.
Earlier in Luke 10:8 Jesus talked about how his disciples are to accept such service as they traveled about preaching. When they were “welcomed” into people’s homes they were to eat what is set before them.
And this is exactly what Martha is doing in Luke 10:38 when she “welcomed” Jesus into her home and was busy with hospitality needs.
In v. 39 we are told that Mary “sat at the Lord’s feet and listened to what Jesus was saying.” She took up the position of a disciple and was learning his way.
Listening is the first and crucial step in being a disciple of Jesus.
Martha is “distracted by much service” from listening to the word of the kingdom. And not only this, but she intends to distract Mary too; to take her away from Jesus’ feet.
Jesus responds – there “is need of only one thing” – which is listening. Service is good, but the “better part” is learning the way of the kingdom and this “better part” will not be taken away from Mary.
This can happen to any of us. We get so busy in serving the Lord that we are drawn away from the very one we desire to bless and please.
2. The role of women in the Jesus movement.
In Luke 9:57-62 Jesus makes it clear that the presence of the kingdom messes up traditional social conventions. For instance in vs. 59-60 when the man asked to go bury his father before he came to follow Jesus, Jesus says that the kingdom takes priority even over this.
So also here. The traditional role for women was to do the hospitality chores; the serving. Martha was fulfilling this role and pressuring Mary to get with it.
But Mary takes up the traditionally male role of a disciple, learning from Jesus.
Jesus is saying in this story that the “better part” of discipleship is also for women. They are not bound to serve the kingdom in only traditional female roles of hospitality and service.
So even though it breaks social convention, Mary’s listening to Jesus and becoming a disciple “will not be taken away from” her. The kingdom takes precedence over such social conventions.
3. In our own church, when these two good things collide – service and listening to the word – we need to make sure that listening wins out.
Now, women still do more service and hospitality at our meals and beyond, than do the men. So women, I say to you especially, beware of this and never let it distract you from listening and worship.
Let the food burn up; let it get cold, let the fellowship meal be late. Choose the better part. Don’t be distracted by much service.
And men this is what I say to you – learn to serve! Never force women into social conventions that distract them from their being disciples of Jesus on an equal basis with you.

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