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Criminal Law

: Underdog

First Amendment slays spam conviction.

By Marks & Katz, LLC

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Computer hard drive. (Image from Pacific Northwest Laboratory's website). Thanks to the lawyer(s) who last Friday won a First Amendment-based reversal of a spam conviction in Jaynes v. Com., _ Va. _ (Sept. 12, 2008), http://www.courts.state.va.us/opinions/opnscvwp/1062388.pdf.   The Jaynes victory reverses the February 2008 Virginia Supreme Court 4-3 opinion against Jaynes. As last Friday?s opinion explains at footnote 2: ?The prior opinion rendered February 29, 2008, reported at 275 Va. 341, 657 S.E.2d 478 (2008), was withdrawn by the Court after a petition for rehearing 28, 2008 and May 19, 2008.?   Having blogged about the February 29, 2008, Jaynes opinion here and here, I went back to my bloglink to that February 2008 opinion, only to find that the link now goes to last Friday?s opinion...continue to full post

Full post as published by Underdog on September 17, 2008 (boomark / email).

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