Quote:
Originally posted by Mmmm, Burger (C.J.)
Virginia has a crimnal statute banning spam. it is under challenge under the commerce clause. To my knowledge, there is no federal statute banning state regulation of its use expressly ,however (which is why they're relying on the constitutional argument).
Not sure why a state can't adopt such a law (absent federal preemption, though). The NY Times is subject to libel laws in 50 states, which differ. So long as they all are consistent with teh first amendment, so be it.
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I believe there is a federal ban on state internet sales taxes. Not sure if it's a specific preemptive statute or falls under a more general preemptive statute.
