The Virginia Supreme Court today struck down a state anti-spam law, saying the statute violated the First Amendment right to free and anonymous speech. The decision also tossed out the conviction of a North Carolina man once described as one of the most prolific spammers.
This is a real crock.
The First Amendment does NOT guarantee anonymous speech. And while freedom of speech is guaranteed in any public forum (except around political conventions these days apparently) the First Amendment does not grant a right to force ones speech into the private space of another citizen in defiance of a 'no trespassing' sign.
Given the hypocrisy on display here between a spammer's "right" to flood our mailboxes with viagra ads and the treatment of protesters at the conventions, I suspect someone got bought off in Virginia! After all, it is not viagra ads but political speech that the First Amendment was intended to protect.