Jeremy Jaynes Lost Appeal, but...

Hmmm, so I see that Jeremy Jaynes has lost his appeal in Virginia that spamming is protected speech under the U.S. First Amendment. (Thanks to Slashdot for the heads-up.)

Jolly good, and no surprise there, I think. However, why on Earth was it a 4-to-3 split decision? What were those three state supreme court judges thinking?

Well, according to the AP:

Justice Elizabeth Lacy wrote in a dissent that the law is "unconstitutionally overbroad on its face because it prohibits the anonymous transmission of all unsolicited bulk e-mail including those containing political, religious or other speech protected by the First Amendment."

Oh, balderdash. I find it really hard to believe that the American founding fathers intended my email to be full of spam.