Yeah. They were right; it doesn't damage a computer to recieve offensive email.
Hm...
Much as I hate spam, I have to admit that if they'd found against him, they'd be setting a dangerous precedent. Everyone wants spammers to be held accountable for the bandwidth, resources, and time they waste, but you don't want to muzzle legitimate people.
So, I have to say, good for the disgruntled employee. At least it wasn't a viagraspammer.