U.S. High Court Lets Stand Rejection of Anti-Spam Law

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U.S. High Court Lets Stand Rejection of Anti-Spam Law

By Jerry Markon
Washington Post Staff Writer
Tuesday, March 31, 2009; Page B08

The U.S. Supreme Court yesterday declined to consider reinstating Virginia’s tough anti-spam law, leaving in place a lower court ruling that threw out the measure as unconstitutional.

The high court’s decision ends the legal odyssey of the 2003 anti-spam law, one of the nation’s first, which was intended to crack down on people who send masses of unwanted e-mail. The Virginia Supreme Court in September ruled that the law violated the First Amendment right to freedom of speech.

Robert F. McDonnell, a Republican candidate for governor who was then the Virginia attorney general, pushed to appeal the case to the Supreme Court, calling the law an innovative act that broke ground in protecting citizens. Internet service providers have estimated that 90 percent of e-mail is spam.

But First Amendment scholars said the state court’s decision was legally sound. In addition, Internet law experts said it is not likely to increase spam in Virginia because federal law also prohibits spam, spam filters screen out much of it and expert spammers often are out of the country. The Supreme Court, as is its custom, did not give a reason for declining to take the case.

Rest of article here:


Ahhhhh sanity rules. I’m soooo tired of the government trying to save us from ourselves; especially when it comes to things like this. That’s why I have a spam filters on all my email accounts.

They need to do what they did with the “National Do Not Call” program.

Make it optional for folks to register, that way it’s a matter of peoples choice rather than law :wink:

That’s how you get around the fact that Constitution or not, we do have a right to not be bothered, ESPECIALLY since some spam is harmful for your computer