Should the First Amendment protect spam calls? Here's why not. James Madison could never have imagined spam calls to cell phones when he helped pen the First Amendment. Rob Miraldi Opinion contributor Tuesday, March 2, was a bad day for me — but a very good one for the robocallers and the phone scam artists and the spoofers. The first call came at 8:30 a.m., but luckily it was labeled by my caller ID as “spam risk.” I ignored it. Soon after, a second caller, with a strong foreign accent, wanted to alert me that my Microsoft computers were at high risk of a virus.