The fight to reinstate Virginia’s anti-spam law was dealt a fatal blow yesterday when the Supreme Court declined to hear the case. The law, which was enacted in 2003, was declared unconstitutional last September by Virginia’s State Supreme Court, which said it violated the First Amendment right to free speech. The decision resulted in the the overturning of Jeremy Jayne’s conviction on felony spam charges. Jaynes, who was sentenced to 9 years in prison, remains incarcerated on other charges.

While the Supreme Court does not provide reasons when it declines to hear a case, experts said the state’s decision was constitutionally sound, and Internet law experts said it is not likely the absence of the law will cause spam rates to rise in Virginia due to the CAN-SPAM Act and pointed out that most spammers operate from outside the country, making it nearly impossible to locate and prosecute them anyway.

Virginia’s District Attorney says he still plans to draft a brand new anti-spam law and promises it will address any constitutional concerns.