Eighth Circuit Court Ruling Validates Junk Fax Restrictions on Spam

Attempts to reduce unsolicited emails may be helped by a federal court ruling that junk faxes can be restricted by law. A federal appeals court said on Friday that a law restricting junk faxes was constitutional, setting a precedent that favours legal attempts to restrict unsolicited email. . . . Attempts to reduce unsolicited emails may be helped by a federal court ruling that junk faxes can be restricted by law. A federal appeals court said on Friday that a law restricting junk faxes was constitutional, setting a precedent that favours legal attempts to restrict unsolicited email.

The Eighth Circuit Court of Appeals reversed a lower court's ruling, concluding that a 1991 federal law banning unsolicited fax advertising did not violate the First Amendment's guarantee of freedom of expression.

Congress' goal of "restricting unsolicited fax advertisements in order to prevent the cost shifting and interference such unwanted advertising places on the recipient" was reasonable, a three-judge panel ruled.

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