By your logic spam should be legal on first amendment grounds. This is a spam issue. You can sue these people for $1000 per call in the State of Texas. Everyone check your answering machines. You will win in court.
While I hate ‘spam’ in any form except a blue can, I see no difference in ‘spam’ or third class mail advertising. You throw the mail in the trash, you can hang up the phone, you can delete the e-mails............They have ‘first amendment rights” and I have the right not to listen...........