Spam and the First Amendment Redux: Free Speech Issues in State Regulation of Unsolicited Email

The scourge of email spam is almost forty years old, and, yet, it does not appear to be disappearing. In fact, spam has expanded to other ubiquitous Internet platforms including social media Web sites. It seems, then, that the many state anti-spam statutes have been unsuccessful in regulating the sending of unsolicited commercial email, but not for lack of trying. This article examines the First Amendment challenges to state anti-spam laws.