Imagine for a moment that the volume of spam is compared to the volume of oration. Unlimited volume is not permitted in free speech. That is a disruption to public life.
There is no reason to assume that this theory would fail to be legitimized in courts. Spam is not legal in other arenas, i.e. phone calls & texts.
The fact that the operators of spam bots are difficult to prosecute does not mean what they are doing has legal grounds.
Spam restrictions aren't generally applied by the government, and therefore don't fall under the constitution. The law doesn't require anyone to listen to someone else's speech. It is not a violation of anyone's rights to discard their emails unread using an automated filter.
Hmmm. I thought it was straightforward. I'll unpack it:
> Spam restrictions aren't generally applied by the government, and therefore don't fall under the constitution.
The "free speech" constitutional amendment stipulates that the government can't restrict speech. It doesn't apply to a mail service provider, which is free to reject whatever it likes.
> The law doesn't require anyone to listen to someone else's speech.
Your freedom to speak to me ends when I decide I don't want to listen to you. I have a right to not listen, and I have a right to reject spam.
> It is not a violation of anyone's rights to discard their emails unread using an automated filter.
I don't know how to say that more clearly; using a spam filter doesn't violate the US constitution. Email would be unuseable without spam filters.
There is no reason to assume that this theory would fail to be legitimized in courts. Spam is not legal in other arenas, i.e. phone calls & texts.
The fact that the operators of spam bots are difficult to prosecute does not mean what they are doing has legal grounds.