Harassment and Free Speech

Texas Appellate Court Strikes Down Electronic Harassment Statute by Eugene Volokh (Reason.com)

The First Amendment does not permit the outlawing of conduct merely because the speaker intends to annoy the listener and a reasonable person would in fact be annoyed. Many legitimate political protests, for example, contain both of these elements.

The ban on online speech intended to and reasonably likely to (among other things) "annoy," the court says, is unconstitutionally vague and overbroad.

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