US Court overturns Virginia spam law, conviction

[IDG] The Virginia Supreme Court has overturned a state antispam law and the 2004 conviction of long-time spammer Jeremy Jaynes, saying the law is an overly broad prohibition on anonymous free speech.The Supreme Court, in a decision released Friday, said the 2003 Virginia spam law didn’t distinguish between commercial e-mails and those with political messages, and thus was an overly broad prohibition on free speech protected by the First Amendment of the U.S. Constitution. Virginia is right to overturn spam conviction
The Virginia Supreme Court on Friday overturned the conviction of a notorious AOL spammer, the first spamming defendant to be convicted of a felony, saying the state junk e-mail law is too broad and violates the First Amendment.This is a remarkable decision. But a close reading of the Virginia statute shows that it is the right one. Ban On Spam Is Ruled Unlawful
The Virginia Supreme Court yesterday ruled that the state’s anti-spam law, designed to prevent the sending of masses of unwanted e-mail, violates the First Amendment right to freedom of speech.Virginia Attorney General Robert F. McDonnell (R) promptly said he would appeal the case to the U.S. Supreme Court. The law was one of the first enacted in the United States to stem the overwhelming tide of unwanted e-mail. The 2004 trial in Loudoun County of mass e-mailer Jeremy Jaynes resulted in the first felony conviction in the country for spamming. court strikes down anti-spam law [AP]
The Virginia Supreme Court declared the state’s anti-spam law unconstitutional Friday and reversed the conviction of a man once considered one of the world’s most prolific spammers.The court unanimously agreed with Jeremy Jaynes’ argument that the law violates the free-speech protections of the First Amendment because it does not just restrict commercial e-mails _ it restricts other unsolicited messages as well. Most other states also have anti-spam laws, and there is a federal CAN-SPAM Act as well, but those laws apply only to commercial e-mail pitches. SC Scuttles Spam Law
The Virginia Supreme Court has declared the state’s antispam law unconstitutional, turning loose a notorious spammer who had been sentenced to nine years in prison for violating it. The law did not distinguish sufficiently between protected and unprotected speech, the Court found.

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