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The Economics Of Spamming
Shardleton writes "What kind of an idiot would buy penis-enlargement pills? Even more idiotic, who would buy them from a spammer? Apparently LOTS of people, according to this article at Wired. The operators of a spamvertised order site left their customer logs exposed. There were 6,000 orders for the pills since July 4. Sayeth Wired: "Do the math and you begin to understand why spammers are willing to put up with the wrath of spam recipients, Internet service providers and federal regulators.""
Ok, reading the article and following a couple links - here's the penis pill spammer!
Braden Bournival
561 Montgomery. St, Manchester, NH 03102
Tel. #: (603) 669-7422
Email: frappe_boy@yahoo.com
Do whatever you want with this info but don't blame ME!!!
My Stack Overflow user
-T
Freedom of speech is not absolute, and the "yelling 'fire' in a crowded theater" example is only one of the most simplistic restrictions.
Let's take a quick look at prohibitions of Freedom of Speech that have been upheld by the courts.
Noise Ordinances: Yes, the Nazis must be allowed to march through Skokie, but not down a residential street at 2 a.m. on a school night. Courts have consistently upheld that protected speech can be limited to specific places at specific times so as not to constitute an undue burden of noise or disruption on the public.
Property Rights: Your right to be heard does not include a right to come on my property, against my wishes, to speak to me. A good example is when ACT UP! invaded a church during services and started shouting "you're killing us" as part of a protest against the Catholic Church's policies. Had they kept it on the sidewalk in front of the church, it would have remained a legal, protected protest. When they entered the church, they became criminals and were arrested for trespass.
Unsolicited Advertising: Opt-out is very supported by the courts. After one telephone call or junk postal mail, if I provide you with proper notification, you may not make another unsolicited call or send me another unsolicited advertisement by post. If you do, I may sue you. The law gets even more restrictive regarding unsolicited advertising by fax, requiring opt-in.
Violence: Incitement to riot is not protected. Advocating the violent overthrow of the government is not protected. Using speech intended to goad someone into a physical altercation is not protected. To take the shouting "fire" in a movie theater example a step further... shouting "what are ya, some kinda faggot" in a crowded redneck bar is not protected speech.
Fraud: Speech intended to defraud me out of services, property, or money is not protected.
Slander & Libel: Slanderous or libelous speech is not protected.
Protection of Children: It is illegal to sell pornography to children. Though it is protected speech, its distribution can be restricted to a certain age group.
Commercial Speech: You can be forced to warn people your product is dangerous, tell people how much fat or sodium it contains, etc. Commercial speech is MUCH more restricted and burdened with rules and regulations than political, religious, or artistic speech.
Broadcast Censorship: Ever seen hardcore porn during prime time on the networks? Of course not. The Supreme Court ruled that since radio/television waves enter your home unbidden, they can be regulated much more restrictively than print media.
CONCLUSION
This isn't a comprehensive list of the legal restrictions on free speech. It's just some of the major ones. There are little ones (remember that DeCSS was found not to be protected speech), and even coersions (*legally* withholding funds or licenses from groups that exercise their first amendment rights in a manner the government does not like).
So don't argue that spam is an exercise of free speech. Spam is commercial, it violates the property rights of its recipients, and is subject at bare minimum to the same restrictions set on phone and postal solicitations.
Of course my favorite quote on free speech is from Hubert Humphrey: "The right to be heard does not include the right to be taken seriously." - Greg
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