CompuServe Incorporated (“CompuServe”) is one of the major national commercial online services. It operates a computer communication service through a proprietary nationwide computer network. In addition to allowing access to the content available on its own network, CompuServe also provides its subscribers with a link to the much larger resources of the Internet. This allows its subscribers to send and receive electronic messages, known as “e-mail,” by the Internet. Cyber Promotions, Inc. is in the business of sending unsolicited e-mail advertisements on behalf of itself and its clients to hundreds of thousands of Internet users, many of whom are CompuServe subscribers. CompuServe has notified Cyber Promotions that it is prohibited from using CompuServe’s computer equipment to process and store the unsolicited e-mail and has requested that Cyber Promotions terminate the practice. Instead, Cyber Promotions has sent an increasing volume of e-mail solicitations to CompuServe subscribers. CompuServe has attempted to employ technological means to block the flow of Cyber Promotions e-mail transmissions, but to no avail. CompuServe seeks an injunction preventing Cyber Promotions from sending unsolicited advertisements to CompuServe subscribers. In response, Cyber Promotions argues that it has the right to continue to send unsolicited commercial e-mail to CompuServe’s computer systems under the First Amendment to the United States Constitution. Decision?