A convicted spammer from Raleigh is appealing his case to the Virginia Supreme Court.
Jeremy Jaynes was once considered among the top 10 spammers in the world. He was charged in Virginia because he used false Internet addresses and aliases to send mass e-mail ads through an America Online server there.
His lawyer, Tom Wolf, told the justices yesterday that Virginia's anti-spam law violates the First Amendment by prohibiting non-commercial as well as commercial speech.
But State Solicitor General William Thro said the law doesn't ban speech -- it bans electronic trespassing on privately owned computer networks.
Jaynes was sentenced to nine years in prison for the nation's first felony conviction for sending junk e-mail but has remained free while the case is appealed.