Outcome of Cyberpromo vs. AOL
Judge Weiner handed down a 28 page opinion on the First Amendment issue in the
Cyber Promotions case. He ruled that AOL is not a state actor and that
Cyber Promotions does not have a right under the First Amendment to the
United States Constitution or under the Constitutions of Pennsylvania and
Virginia to send unsolicited e-mail advertisements over the Internet to
members of America Online, Inc. and, as a result, America Online, Inc. may
block any attempts by Cyber Promotions to do so.
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Scott Hazen Mueller /
scott@zorch.sf-bay.org