Computer Crime Research Center


Virginia Supreme Court declares state’s anti-spam law unconstitutional

Date: September 15, 2008

Cleveland, Ohio ( — In a surprising turn of events on Friday, the Virginia Supreme Court has officially declared the state’s anti-spam law unconstitutional. Adding to the new decision, the court also reversed the conviction one of the world’s most prolific spammers, Jeremy Jaynes.

According to a report by the Associated Press, all members of the Virgina Supreme Court voted unanimously with Jaynes’ argument that the anti-spam law violates the First Amendment of free speech since it did not solely restrict commercial emails. Most other U.S. states have anti-spam laws as well as the federal CAN-SPAM Act.

Justice G. Steven Agee wrote that Virginia law “is unconstitutionally overbroad on its face because it prohibits the anonymous transmission of all unsolicited bulk e-mails, including those containing political, religious or other speech protected by the First Amendment to the U.S. Constitution.”
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