Jasmine E. McNealy, Spam and the First Amendment Redux: Free Speech Issues in State Regulation of Unsolicited Email, 22 Comm. L. & Pol'y 351 (2017)
This article examines the effect of spam legislation in the United States. It discusses state legislation and the common provisions of state spam legislation, such as disclosure and labeling requirements and opt-out provisions. It also analyzes the consequences of state anti-spam legislation. Federal legislation is analyzed, with a brief look at the CAN-SPAM Act of 2003. The article concludes that legislation has not had a big impact on spam, and the CAN-SPAM Act is not likely to change or curb spam.