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by Carlo Longino


Filed Under:
spam, supreme court, virginia



Supreme Court Won't Consider Virginia Anti-Spam Law

from the spammers-have-rights-too dept

The US Supreme Court has passed on the state of Virginia's appeal to keep its anti-spam law in place. The state's Supreme Court had ruled the law was unconstitutional, following the appeal of a spammer that had been convicted under it. He argued that the law overstepped the boundaries by outlawing non-commercial, as well as commercial spam, including things like political and religious speech that have generally been protected under the First Amendment. By not taking up the case, the high court appears to be extending that protection to cover spam as well. On balance, that's probably a good thing -- particularly as this "loophole" is unlikely to really make the spam problem any worse.

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  1. identicon
    Anonymous Coward, 30 Mar 2009 @ 5:54pm

    Once again, consult your lawyers before making inaccurate statements like "By not taking up the case, the high court appears to be extending that protection to cover spam as well." The failure of a higher court to grant cert is not even persuasive authority that the higher court condones the lower court's ruling.

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