Richi'Blog
Stuff 'n' nonsense about email, spam, travel, and life in the UK.

Saturday, September 13, 2008

Jeremy Jaynes gets a free pass?

It's déjà vu all over again. I see that Jeremy Jaynes has won his most recent argument in Virginia that the state's anti-spam law is unconstitutional. (Once again, thanks to Slashdot for the heads-up.)

Jaynes would have us believe that spamming is protected speech under the U.S. First Amendment. The court didn't exactly say that, but concluded that the law as written was overly-broad, because it didn't explicitly differentiate between commercial speech and any other kind of speech (e.g., political expression).

While I agree that anti-spam laws shouldn't restrict political speech, I have a couple of issues with this decision:
  1. Spam is spam, whatever the content; I'd hate this to be seen as a license for nut-jobs to fill my inbox with political rants.
  2. Doesn't the U.S. constitution already make it clear that commercial speech isn't unprotected?
As I noted back in March, it was worrying that the previous decision was split 4-to-3.

Again, I say I find it really hard to believe that the American founding fathers intended my inbox be full of spam.

Labels: , , ,

For more posts, go to the home page, or see the archive.