If the government did something like this then there would be free speech issues, but AOL is not the government and the unfortunate souls who use it for Internet access have agreed to its policies, both explicitly (when they signed up) and implicitly (by continuing to use the service). This is hardly the first time that AOL has made decisions that reduce the ability of its subscribers to have unfettered Internet access, and I doubt that it will be the last.

As one of the largest ISP's AOL is bound to be affected by SPAM volume, so this kind of decision makes sense.

I have been tempted (during brief periods of disorientation) to check out AOL's content, but I don't understand why people would willingly use AOL as an ISP. IOW, I'm not a fan of AOL. Still, I think that they are within their rights on this one. Of course, if a lot of their users complain they may change their decision.