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The most slippery piece of solipsism comes with the many Spams containing phrases like “ . . . this E-Mail can not be considered Spam because we have included a way to have yourself removed, according to some bill, proposed bill, or obsolete bill . . . ”.

This entire notion is as bogus as the “freedom of speech” nonsense. Simply apply these little tests:

Was the E-Mail Bulk E-Mail? You can often spot the bulk E-Mail by clues such as the E-Mail being addressed to friend@public.com or to Undisclosed Recipients.

Was the E-Mail Unsolicited E-Mail? In other words, did you specifically request the E-Mail or previously sign up to receive informational E-Mail from the sender? If you did not, the E-Mail was Unsolicited.

Was the E-Mail Commercial E-Mail? Is the E-Mail obviously for the purpose of making money for the sender of the E-Mail or their agents, and not making money for the receiver of the E-Mail?

If the E-Mail passes the above tests—that is, it was Unsolicited E-Mail, and it was either Bulk E-Mail or Commercial E-Mail, or both—it is Spam, because those characteristics are the definition of Spam.

All of these disclaimers basically boil down to the spammer trying to claim “this E-Mail is not spam because I say it is not spam”. You can not weasel your way out of the basic unalterable fact of life that you deliberately sent a commercially oriented E-Mail to somebody who did not request that E-Mail. End of Discussion. It's Spam, and you will be removed from the Internet.