Buried amongst stories on the Alito hearings today the Supreme Court refused to hear an appeal from White Buffalo Ventures regarding its suit against the University of Texas. The Court upheld the 5th U.S. Circuit Court of Appeals decision allowing the University of Texas to adhere to its network and email policy by blocking unsolicited email, including those sent by White Buffalo Ventures to University students and staff. Even though White Buffalo Ventures' email solicitations conformed to the CAN SPAM Act and obtained the targeted email addresses legally, the courts decided that UT had every right under the First Amendment to block such solicitations from entering their network.
What does this mean for email marketers? Absolutely nothing! We all know that ISPs and network administrators are the world's email gatekeepers and the best way to improve deliverability is not to sue them. I guess White Buffalo Ventures got duped by some unscrupulous attorney into spending their money on something they could have found out with a few simple Google searches.