Frustrated at not being able to block Hamidi's e-mails through its own technology, Intel went to court in October 1998 and asked for an injunction. The Superior Court in Sacramento ruled in favor of Intel, saying that the mere sending of e-mails constituted an illegal "trespass" on Intel's equipment. The court then enjoined Mr. Hamidi from sending any further e-mails to addresses on Intel's computer system, claiming that no First Amendment protection applied.

"E-mail today is the electronic version of a protestor's picket sign and leaflet," said Ann Brick, staff attorney with the ACLU of Northern California, who will argue the case on behalf of Mr. Hamidi. "It is a critical means of communications for millions of people and must be protected as free speech. This case represents a heavy-handed attempt by a major corporation to silence a critic, not an effort to prevent overload on its e-mail system."

Mr. Hamidi is also represented by Placerville attorney Philip Weber. The Electronic Frontier Foundation has also filed an amicus brief on behalf of Mr. Hamidi.