On September 12, 2008, the Virginia Supreme Court issued an opinion striking down the anti-spam provisions in Virginia's Computer Crimes Act. In reversing the 2004 felony conviction of notorious spammer Jeremy Jaynes, the court held the statute’s prohibition on anonymous transmission of unsolicited bulk emails was “unconstitutionally overbroad on its face because it prohibits the anonymous transmission of all unsolicited bulk e-mails including those containing political, religious or other speech protected by the First Amendment…”

In contrast to the federal CAN-SPAM Act, the Virginia statute’s restriction on sending unsolicited bulk emails was not limited to commercial email. Jaynes’ attorney admitted that Jaynes’ actions would still be illegal under the federal CAN-SPAM Act. However, the federal law would not apply to the emails that formed the basis for the Virginia charges, as those emails were sent before the federal statute was adopted.

The full text of the opinion can be found on the Virginia Supreme Court's website.