Regulations put forth by the government are always going to cause a knee jerk reaction.
On one hand, we don't want them to interfere. The Internet is international and should not fall under the control of one country.
On the other hand, those who do not know how to use spam filters, black lists, white lists, run mail servers with implemented block lists, etc., want the government to interfere so they don't have to read pornographic spams about farm girls giving viagra or cialis to gnomes selling software for low, low prices.
If one group is happy, the other group is unhappy. There is no good answer to this, but believe me, the bill of rights has nothing to do with this. The Internet was not founded on the bill of rights. It was founded on the belief that information should be shared and readily available to those who need it.
It is possible to use spam filters, e-mail program filters, and white lists so you can see the e-mail you want and have the freedom to either send the spam straight to your garbage can or be able to scan through them quickly before deleting to be sure you haven't missed one.
Spammers have the same type of program search engines have. Instead of scanning your website for keywords and content for search engines, they scan your site for e-mail addresses. Spammers also use "dictionary" attacks and send e-mail to every "tom", "dick" and "harry" (literally). They'll use every single common name, first initial and last name, etc. If you've ever, ever, ever signed up for a newsletter, you're on a spammers list somewhere. This is almost guaranteed if you signed up for the newsletter over 2 years ago.
It should be up to ISP's to educate their users about spam, e-mail and internet sense. Waiting for the U.S. government to do something about it isn't the best move, considering the Atlantic Ocean will probably evaporate before that happens.
I'll just keep using spamcop, LARTing, and notifying upstreams and the FTC. Keep an eye on the spamcop case, it could have HUGE implications if the wrong party succeeds.