Will the Supreme Court Hear Virginia v. Jaynes?
I’ve blogged a bunch about Jaynes, the Virginia spam case where the Supreme Court of Virginia struck down Virginia’s anti-spam statute and overturned a 9 year sentence imposed on Jeremy Jaynes. (See, e.g., (“Beating the Dead First Amendment Horse, Not Quite”); (“Va High Court Hears Free Speech Challenge to Spam Law”); (“VA to Revisit Rejection of First Amendment Challenge to Criminal Spam Law”); (“Va Supreme Ct.: Spam Law Violates First Amendment”); (“Trouble Stomaching the Virgina Supreme Court’s Spam Decision”).) Jeremy Jaynes filed his opposition to Virginia’s petition to the Supreme Court to take the case. You can access a copy of Jaynes’s brief here [pdf], and the State of Virginia’s brief at SpamSuite.com here. There is no dispute that the law is overbroad. Whether Jaynes violated the statute is also not an issue before the Court. The critical issue is whether Jaynes can challenge the law since the law doesn’t apply to him in an unconstitutional manner (he was not engaged in the
