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Va. Court Voids Spam Law

Statute violated First Amendment rights; man who sent 10M emails daily can go free

By Wesley Oliver, Newser Staff

Posted Sep 12, 2008 1:32 PM CDT

(Newser) – Virginia’s anti-spam laws are unconstitutional because they prohibit behavior shielded by the First Amendment, the state’s supreme court ruled today. The ruling overturns the conviction of Jeremy Jaynes, who received the nation’s first felony spam conviction in 2004, the Richmond Times-Dispatch says. Prosecutors alleged Jaynes sent up to 10 million emails a day from his North Carolina home.

But the court said unanimously the Virginia law went too far, because while barring commercial speech, it also banned the “anonymous transmission of all unsolicited bulk e-mails, including those containing political, religious or other speech” protected by the Constitution. Many states and the federal government all have anti-spam laws, the AP reports. Jaynes had received 9 years in prison.

Authorities claimed Jeremy Jaynes sent up to 10 million emails a day from his home in Raleigh, NC. He was sentenced to 9 years in prison. (Index Stock)

A Virginia law used to Jeremy Jaynes, alleged to have sent 10 million unsolicited emails daily, violates First Amendment rights, the state's top court ruled today, overturning Jaynes' 2004 conviction. (AP Photo)

Many states, including Virginia, have anti-spam laws, and there is a federal CAN-SPAM Act as well. (AP Photo/Toby Talbot)

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Va. Court Voids Spam Law

Statute violated First Amendment rights; man who sent 10M emails daily can go free

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free speech • email • spam • First Amendment • felony • Virginia

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Arizona Bill Would Restrict Teachers' Speech

Proposed legislation would punish those who violate FCC standards

NY Times Mistakenly Sends Email to 9M People

It was apparently just a miscue, not spam

Occupy Los Angeles Protesters Can Avoid Trials...

...by taking a $355 class on free speech

GOP Email Shows Obama Shot in Head

Virginia Republican Party goes ballistic over gory image

Court: Call to Shoot Obama Is Free Speech

Court clears Walter Bagdasarian for exhorting people to 'shoot the [racial slur]'

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Va. Court Voids Spam Law

Statute violated First Amendment rights; man who sent 10M emails daily can go free

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OTHER STORIES ON OUR RADAR

free speech • email • spam • First Amendment • felony • Virginia

MOST POPULAR STORIES

[ By Views ]

[ By Comments ]

More Newser Stories

Arizona Bill Would Restrict Teachers' Speech

Proposed legislation would punish those who violate FCC standards

NY Times Mistakenly Sends Email to 9M People

It was apparently just a miscue, not spam

Occupy Los Angeles Protesters Can Avoid Trials...

...by taking a $355 class on free speech

GOP Email Shows Obama Shot in Head

Virginia Republican Party goes ballistic over gory image

Court: Call to Shoot Obama Is Free Speech

Court clears Walter Bagdasarian for exhorting people to 'shoot the [racial slur]'

About Us

Site

Newser By Users

Community

Site Maps

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What is Newser?