Unsolicited commercial e‐mail, the internet and the first amendment: Another free speech showdown in cyberspace?
Jan H. Samoriski · Journal of Broadcasting & Electronic Media · 1999
This study examines and analyzes efforts to deal with unsolicited commercial e‐mail or “spam.” Using the Central Hudson test for commercial speech as a benchmark, various legislative proposals to address the spam problem are categorized and evaluated. With legal and technical solutions at hand, the author argues that source‐based, content restrictions on unsolicited commercial e‐mail are potentially unconstitutional. The impact of lawsuits against spammers and the prospects for industry self‐regulation are also discussed.