First Amendment defense rejected in Virginia spam case
Mar 3rd, 2008 by Rob
In a rather odd case that has snaked its way through the courts for more than two years, the Virginia Supreme Court upheld charges against a man charged with violating a Virginia state law against sending unsolicited commercial “spam” emails.
The statute prescribes felony charges for anyone who:
“Uses a computer or computer network with the intent to falsify or forge electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail…”
The man, North Carolina resident Jeremy Jaynes, was accused of sending more than 25,000 spam emails in three days. He is the first person charged with felony spamming.
Jaynes attempted to defend himself based, in part, on a First Amendment claim that prohibits the government from restricting anonymous speech. His main argument was that the law itself, even if it didn’t directly apply to his case, was unconstitutionally overbroad.
The court saw a few problems with this, suggesting 1) that Jayne’s emails were not political but commercial, which usually triggers a lower level of First Amendment protection; and 2) that because Jaynes himself conceded that his emails were probably not protected political speech, he lacked the legal standing to challenge the law.
Thus, Jaynes’ conviction was affirmed, but the case continues to be watched closely, as some legal experts have pointed out several potential loopholes that could ultimately validate the claim that the statute is overly broad.
