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Is There a Constitutional Right to Send Unsolicited E-Mail Advertisement?

April 26, 2017advertisement constitutional e-mail right send unsolicited

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Is There a Constitutional Right to Send Unsolicited E-Mail Advertisement?

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Martha L. Arias, Immigration & Internet Law Attorney, Miami; IBLS Director Monday, March 29, 2010 The First Amendment to the United States Constitution and the states”” Constitutions guaranty freedom of speech in the United States. Consequently, some private parties have argued that there is a constitutional right under the First Amendment to send unsolicited e-mail advertisement. If sending unsolicited e-mail advertisement is constitutionally protected, does a private party have legal standing to protect its right in court? This article provides a district court interpretation of whether there is a constitutional right to send unsolicited e-mail advertisement, and legal standing to defend those cases in the United States. In Cyber Promotions v. America Online, 948 F. Supp. 436 (E.D. Pa. Dec. 26, 1996) the a Pennsylvania district court was to decide whether a private company that sent unsolicited e-mail advertisement could invoke First Amendment protection against a private hosting c