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Erwin_D

join:2003-06-30
Netherlands

Correct me if I'm wrong...

...but I seem to recall that commercial speech is not covered by the first ammendment. And since spam is commercial by defenition, the spammers can yell "1st ammendment" all they want, but they simply have no case.

jmuskratt

join:2000-11-21
New Orleans, LA

Bingo. While it is covered, there is a much lower standard the state actor has to satisfy in order to justify the prior restraint.

The burden on the mailservers of processing hundreds of thousands of UCEs is sufficient in my book (but, while IAAL, IANAJ).


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