You do have the right to deliver flyers to my door when those flyers constitute protected speech. (See Watchtower Bible and Tract Society v. Village of Stratton – 536 U.S. 150 (2002)). You do not have the right to glue them, nail them, or do anything that causes damage to my property.

The analogy therefore is that someone does have the right to send protected speech to your email box, but not the right to send protected speech in a way or form that would cause damage to your property. Anti-spam laws should be carefully drafted to follow that principle.

BTW: I believe that no anti-spam laws are actually necessary. Simply enforcing existing anti-fraud, anti-counterfeit and anti-electronic-trespess laws should be enough to prosecute the spammers. CAN-SPAM and other laws are feel-good measures, but what is really needed is for the government to allocate funds to prosecutors and investigators to go after the offenders.