White Buffalo Ventures, LLC v. University of Texas

JERRY E. SMITH, Circuit Judge:

This case involves the regulation of unsolicited, commercial mass electronic messages (“emails”) (a species belonging to the larger communication genus often referred to as “spam”). 1 Plaintiff White Buffalo Ventures, LLC (“White Buffalo”), operates several online dating services, including longhornsingles.com, which targets students at the University of Texas at Austin (“UT”). Pursuant to its internal anti-solicitation policy, 2 UT blocked White Buffalo’s attempts to send unsolicited bulk commercial email.

White Buffalo sought to enjoin UT from excluding its…