
The Virginia Supreme Court case turned on Freedom of Speech. Attorneys for Jaynes argued that by sending spam Jaynes was exercising his freedom of speech.The State disagreed. It was a split decision, rejecting this argument 4-3. One Justice in the minority wrote that, "unconstitutionally overbroad on its face because it prohibits the anonymous transmission of all unsolicited bulk e-mail including those containing political, religious or other speech protected by the First Amendment to the United States Constitution."






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