Spam Is Free Speech–Until It Enters My Server
There’s an article on Techdirt about how a spammer was convicted for violating Virgina’s Anti-Spamming Law. The low-life tried to get the conviction overturned because their anti-spam law is unconstitutional, ostensibly a violation of his first amendment rights.
I’m all for the First Amendment and the right to free speech. It’s an important right too few Americans take advantage of. Spam, although it is something I generally disagree with, is free speech. If you want to post that stuff on your web site or on flyers in public places, be my guest.
However, your right to free speech does not extend to my home or my personal space. You can’t come in my house and say whatever you want. Nor can you do the same thing on anyone else’s private property.
Spam is exactly that. It comes into my “property” (in this case, my email inbox) and infringes upon my ability to effectively use it, thus falling under trespass to chattels laws.