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Americas First "Spammer" Conviction Upheld
A divided bench of the Virginia Supreme Court has upheld the conviction of Jeremy Jaynes for illegal spamming in a decision that engaged the constitutional First Amendment right of free speech. Mr. Jaynes was sentenced for nine years in prison for the substantial spamming operation that he directed, which grossed up to $750,000 USD per month.
The Court’s majority held that mass email spamming was misleading commercial speech, and that it was therefore beyond the protection of the First Amendment. This is consistent with Canadian jurisprudence which recognizes the occasional need to truncate the right to free expression in commercial contexts.
Mr. Jaynes’ lawyer is quick to point out that there was a 4-3 split in the decision and that the dissenting justices recognized the overbreadth of the legislation in question, which effectively criminalizes sending bulk anonymous email regardless of whether there is a commercial purpose in doing so.
For a copy of the Court’s Opinion, visit:
http://www.courts.state.va.us/opinions/opnscvwp/1062388.pdf