Yesterday, the Virginia Supreme Court ruled the state’s anti-spam law unconstitutional. Good news to the ears of Jeremy Jaynes who gets a free pass. The spammer was previously convicted as the first felony spammer in the country in a 2004 trial. He had been sentenced to nine years.
Ugh. It’s still morning here on the West Coast.
Justice G. Steven Agee wrote the court’s unanimous decision, stating:
“The right to engage in anonymous speech, particularly anonymous political or religious speech, is ‘an aspect of the freedom of speech protected by the First Amendment,’ ” Agee wrote, citing a 1995 U.S. Supreme Court case.
“By prohibiting false routing information in the dissemination of e-mails,” the court ruled, Virginia’s anti-spam law “infringes on that protected right.”
Join 10k+ tech and VC leaders for growth and connections at Disrupt 2025
Netflix, Box, a16z, ElevenLabs, Wayve, Hugging Face, Elad Gil, Vinod Khosla — just some of the 250+ heavy hitters leading 200+ sessions designed to deliver the insights that fuel startup growth and sharpen your edge. Don’t miss the 20th anniversary of TechCrunch, and a chance to learn from the top voices in tech. Grab your ticket before doors open to save up to $444.
Join 10k+ tech and VC leaders for growth and connections at Disrupt 2025
Netflix, Box, a16z, ElevenLabs, Wayve, Hugging Face, Elad Gil, Vinod Khosla — just some of the 250+ heavy hitters leading 200+ sessions designed to deliver the insights that fuel startup growth and sharpen your edge. Don’t miss a chance to learn from the top voices in tech. Grab your ticket before doors open to save up to $444.
While Jaynes’ appeal certainly worked in his favor, prosecuting attorney, General Robert F. McDonnell immediately said he would appeal the case to the US Supreme Court:
“The Supreme Court of Virginia, has erroneously ruled that one has a right to deceptively enter somebody else’s private property for purposes of distributing his unsolicited fraudulent e-mails. . . . We will take this issue directly to the Supreme Court of the United States. The right of citizens to be free from unwanted fraudulent e-mails is one that I believe must be made secure.”