In a surprise move, Supreme Court in the state of Virgina has struck down that states anti-spam law. To add insult to injury, the court ruling also freed a man considered by some to be the worse spammer around. It seems that the court felt that Virgina’s anti-spam law violated the persons first amendment right to freedom of speech. The court also stated:
The Virginia law “is unconstitutionally overbroad on its face because it prohibits the anonymous transmission of all unsolicited bulk e-mails, including those containing political, religious or other speech protected by the First Amendment to the U.S. Constitution,” Justice G. Steven Agee wrote.
Agee wrote that “were the Federalist Papers just being published today via e-mail, that transmission by Publius would violate the statute.” Publius was the pseudonym used by Alexander Hamilton, James Madison and John Jay in essays urging ratification of the Constitution.
This is a interesting twist in what appears to be the courts interpretation in saying that spam is OK. Terrific. Let us hope that this goes to the US Supreme Court and the law is upheld. If not, we can all expect to be bombarded with a ton more of spam.
What do you think?