US Supreme Court rules on spam case

Important test for the US Can-Spam Act

The US Supreme Court has refused to hear a case that could have allowed the right to send spam.

Texas-based internet dating site LonghornSingles.com, owned by White Buffalo, brought the case after it was blocked from sending spam to students at the University of Texas.

The case arose after White Buffalo issued a Freedom of Information request to the university in February 2003 asking for all email addresses on its servers that were "non-confidential and non-exempt".

When the university complied, White Buffalo started spamming those addresses with adverts for its dating services.

After complaints from students, the university issued a cease-and-desist order to the company. When it refused to comply the university blocked its emails, prompting White Buffalo to fight back citing the First Amendment which guarantees freedom of speech.

A federal trial court in Western Texas sided with the university, and the Fifth Circuit Court of Appeals upheld the ruling in August.

The case was an important test for the US Can-Spam Act, since White Buffalo argued that it had complied with the legal protections for consumers in allowing recipients to unsubscribe and that the university's policy was therefore illegal.

White Buffalo and the University of Texas were available for comment.