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[bizjournals.com...]
...the law unfairly bars the anonymous sending of emails concerning politics, religion or other subjects protected under the First Amendment’s freedom of speech, not just commercial spam, and is therefore unconstitutional.
The next thing is they will be setting up Quasi religions and claiming protection from religious persecution. I can see it now.
<sees people bowing and praying in front of can of spam> :P
However, I do have an issue with people twisting around the 1st Amendment. While it does guarantee the right to free speech, it does NOT guarantee the right to force everyone to listen to your free speech.
My idea would be to have an opt-out list like the "Do Not Call" list. Official religious, political, and other "protected" organization could apply for exemptions. BUT, individuals would still have the right to opt-out to any of those individual organizations, if they wanted to. Any exempted organization that violated an individual's opt-out option would lose their exemption and could not contact anyone else on the list (at least for a certain amount of time, after which they could re-apply).