Constitutional – First Amendment – Anti-Spam Statute

By Deborah Elkins
Published: September 22, 2008

Virginia’s “anti-spam” law, Va. Code § 18.2-152.3:1, 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, the Virginia Supreme Court says. From his home in Raleigh, N.C., defendant used several computers, routers and servers to ...

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