by Mike Masnick
Fri, Feb 29th 2008 7:53pm
Jeremy Jaynes, considered one of the biggest spammers in the US was sentenced to nine years in prison for violating a Virginia anti-spam law. As part of his appeal, Jaynes claimed that the anti-spam law itself was unconstitutional, as it violated his right to free speech. It would appear that argument hasn't worked out, as a somewhat divided Virginia Supreme Court has ruled against him, upholding the conviction. It does raise some interesting first amendment questions -- but most spamming activity involves so many other things that could be considered illegal (such as computer trespass, identity fraud, false advertising, etc., etc., etc.) that you would think spammers could be convicted on charges that have little to do with free speech issues.
If you liked this post, you may also be interested in...
- Rockstar Ironically Goes On The Trademark Muscle To Silence BBC Documentary
- UK Government Goes Full Orwell: Snooper's Charter, Encryption Backdoors, Free Speech Suppression
- AT&T Argues Net Neutrality Violates Its First Amendment Rights
- Florida Governor Signs One Bill Protecting Free Speech... And Another That Undermines It
- Appeals Court Rightly Overturns NAACP's Successful Attempt To Censor Speech Via Trademark Law