Spamming is not a civil right. It never was, it never will be. In fact, courts have repeatedly rules that commercial speech is not a civil right, and does not enjoy any constitutional protection. The ide behind unsolicited bulk e-mail is to avoid having to do all this by increasing the number of receptants of your message. Remember it's a numbers game and to actually do some work as you suggest would cut into profits.
Spammers have no constitutional rights.
I payed lawyers big money to teach me that painful lesson. We have over 6 million names on our remove list. As of, March 12th, I will no longer be selling Floodgate software. Or any software that facilitates or encourages users to send unsolicited email. This was a difficult decision to make.