It's like, the people dropping leaflets in your physical mailbox are delivering spam, but you wouldn't automatically assume those same people are also trying to scam you and your neighbors by delivering you physical letters meant to trick people into parting with their savings. In both cases, the messages are spam, but one is legal, other is not, and there's a huge gap between them.
Those of us accusing and talking about it have no power -- thus there is literally no harm, and possible good in, putting them on the defense about this.
edit: In fact, the First Amendment of the Constitution essentially directly upholds the idea of "people saying whatever they want" in this regard.