Posted on 08/17/2009 9:07:42 AM PDT by dila813
Is White House liable for Spam under Washington State's Anti-Spam Laws? Can't I sue them?
The same thing crossed my mind- whats good for the goose.....
Washington State?
I would say yes, without a doubt. But that’s in a sane world. 0bama can probably pretty much over-ride any law. He’s doing it to the Constitution every day.
According to wikipedia attorney,
“In the United States, the federal government has sovereign immunity and may not be sued unless it has waived its immunity or consented to suit. The United States has waived sovereign immunity to a limited extent, mainly through the Federal Tort Claims Act, which waives the immunity if a tortious act of a federal employee (David Axelrod) causes damage, and the Tucker Act, which waives the immunity over claims arising out of contracts to which the federal government is a party.”
Of course, you may have to move to D.C.
You can try. But if you have a good state AG (ie not a lib), a better route might be to file a complaint with him/her.
You can try. Be sure and tell us how it works out for you.
Political speech remains at the core of the First Amendment freedoms, and it is unlikely that federal or state lawmakers will challenge its protection. Although courts have approved regulation of analogous types of speech, such as commercial spam, prerecorded telephone messages, and unsolicited "snail mail," these are sufficiently distinct from political e-mail, providing little precedent for regulating political spam. Ultimately, political spam will probably be defined more by market effects than government regulation. E-mail, unlike television, radio, and print, offers political candidates an inexpensive channel to reach broad sections of the electorate. In an age when money defines political campaigns, e-mail helps liberate candidates from the stranglehold of wealthy special interest groups. If it proves to be effective, communicating over the Internet may level the playing field for under-funded candidates. Cynics argue that political spam remains legal because the offenders (i.e. politicians) are precisely the ones who make the law. Free speech is a precious freedom, though, and public consciousness of political issues is vital to a healthy democracy. Considering these values, any technology that facilitates free political discussion is worth protection.Source (law school)
Hmmm...
That is what I just saw on the Washington Site, its true.
The sender has to be a commercial entity. But I heard they transfered it from the Whitehouse site to a commercial company.
Sue individuals not the goobermint.
Really? Like....maybarackobama.COM ?
I have heard but not looked into the concept that political speech can become commercial speech. That is political speech crosses over into commercial speech when the speech in question solicits money for a product. An example would be to offer a T-shirt for a $50 donation.
I dont believe this has been tested in a court of law yet.
You may question as to how I was able to ascertain your e-mail address and name, it is been given me by a trusted family advisor HONORABLE Rahm Emanuel, ESQUIRE, Barrister and Counsel. I am HIS EXCELLENCY Barack Hussein OBAMA, Junior, son of the late esteemed bureaucrat and Marxist Philosopher Barack Hussein OBAMA, Senior of Kenya. As I was elected PRESIDENT of the UNITED STATES of AmeriKKKa in 2008, and was unfairly deposed on a technicality relating to my birth certificate and other minor issues in 2009. Whilst I was in the Executive palace, I was able to squirrel away several BILLIONS of USD, with the assistance of HONORABLE Timothy Giethner and my proud Princess and First Lady. What I propose is for you to forward, post haste, your banking and exchequer information to Mr. Barrister EMANUEL, in which we may deposit the profits from my short-lived REIGN, in exchange for, we will forward to you 1/20th of the FORTUNE, to the tune of $100 MILLION USD. Time is of the essence, as the newly installed PALIN administration is hot on our heels and we are also making ourselves scarce from Mr. Soros and his henchmen.
This is one of those rare instances where I think a class-action suit is just the ticket!
Double check the exemptions - I know with telemarketers and the DoNotCall list - some non-profits and political groups are exempt..
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