Even ignoring the first amendment, there is no enabling clause that grants the general power to regulate communication.
Even ignoring the first amendment, there is no enabling clause that grants the general power to regulate communication.
You may have the right to speak but you don't have a right to force the populous to listen.
Communication is two way, spam is one-way.
You have the right to expose people to communications with no Congressional control whatever. Congress shall make no law. You may shout on a street corner, you may set up a PA system until your neighbors are driven to madness, you may place pornography on a billboard, etc. Congress can do nothing to stop it.
Are you trolling. You consider the constitutional right to free speech to encompass things like setting up a PA in public that is so loud it physically harms people?
It's not a right to amplified speech, nor "free shouting".
Freedom of speech does NOT involve the freedom to send individually addressed messages to anyone. There is no freedom to spam.
CAN-SPAM doesn't apply to political or non-profit organizations.