A Montgomery County Maryland judge has ruled that the state’s anti-spam law is unconstitutional because it seeks to regulate commerce outside the state, according to wire service reports.
Circuit Judge Durke G. Thompson, tossed out the case brought against a New York e-mail marketer by Eric Menhart, a George Washington University Law School student.
The ruling effectively overturns the state’s 2002 Commercial Electronic Mail Act.
Among the more than three dozen state anti-spam laws on the books, laws in California and Washington were declared unconstitutional on grounds similar to Thompson’s ruling in Maryland. But higher courts overturned those decisions.
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