Saturday, September 13, 2008

Virginia anti-spam law unconstitutional

First Amendment guarantees reversed the conviction of Jeremy Janes, the first person in the U.S. convicted of a felony for sending unsolicited bulk e-mail. He was sending 10 million emails per day from his North Carolina home, via an AOL server in Virginia. The Virginia Supreme Court held that its state anti-spam law violates free speech because it does not just restrict commercial e-mail -- 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.

See, "Virginia: Spam Law Struck Down on Grounds of Free Speech," New York Times, Sept. 12, 2008, at

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