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
    Carlo, 30 Mar 2009 @ 7:12pm

    Re: Re:

    Sorry, #2 doesn't really help, let me explain it some more.

    Some might argue that not covering typically protected speech in spam gives spammers a loophole to exploit by masking their messages in political, religious, or other protected speech. The point is that it doesn't matter what's banned or what loopholes exist -- anti-spam legislation is wholly ineffective at stopping the problem, for any number of reasons, as current spam levels indicate. Further, stopping/enabling one spammer has no real impact on the overall problem.

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