I'm assuming that you're implying unsolicited commercial email. Many people think any email they don't want is spam...
No, it isn't free speech anymore than sending a junk fax and for essentially the same reasons.
No, tovarish, I'm talking about Unsolicited Bulk Email.
I don't care if it's from Sanford Wallace or Mother Theresa. If it's bulk s#it clogging up my inbox, then it's spam.