A lawyer for one of the world’s most prolific spammers says Virginia’s anti-spam law violates the First Amendment.

Jeremy Jaynes in 2004 became the first person in the country to be convicted of a felony for sending unsolicited bulk e-mail. He was sentenced to nine years in prison.

The Virginia Supreme Court rejected Jaynes’ appeal 4-3 in February. However, the court later agreed to reconsider whether Jaynes has the right to argue that the law infringes on protected political and religious speech.

Jaynes’ attorney Tom Wolf told the justices Wednesday that Jaynes should be allowed to make that argument, and that the Virginia law is too broad. An attorney for the state argued that the court should not entertain Jaynes’ challenge.

The court is likely to rule in September.