Posted on 07/26/2011 8:03:36 PM PDT by Behind Liberal Lines
A man who left vulgar messages on an assistant district attorney's voicemail cannot be charged with second-degree aggravated harassment for what a judge concluded was protected speech that did not rise to a "true threat."
In dismissing the misdemeanor case on Monday, District Court Judge Valerie Alexander in Nassau County observed that the state's harassment statute unconstitutionally infringed on the defendant's First Amendment rights, saying the law's "vagueness and overbreadth" was clear and "cries out to be reworked."
For an almost two-month period in 2010, Nicolas Pierre-Louis left expletive-laced voicemails for an unidentified assistant district attorney, calling for the arrest of Jessy Pierre-Louis for undisclosed crimes. The decision does not discuss Mr. Pierre-Louis' relationship with Jessy.
The arrest never occurred and in his messages, Mr. Pierre-Louis screamed and made statements such as "I will rain hell on your office and make sure heads roll" and "I'm coming at you with fury."
Mr. Pierre-Louis' attorney argued that his client's diatribes, although vulgar and offensive, were shielded by the First Amendment and could not be grounds for a criminal charge.
Judge Alexander agreed with the defense.
"In spite of the fact that the defendant uses a number of derisive terms in reference to the ADA, his statements seem confined to threats to have the ADA fired," the judge wrote in People v. Pierre-Louis, 1117310. "Even the worst of the alleged statements, 'I'm coming at you with fury,' is too vague to be considered a true threat, but is more properly understood in context with the defendant's other statements."
(Excerpt) Read more at law.com ...
Jessy Pierre-Louis
Degrees: BA Degree Institutuion:Long Island University , 2003 Title: Project Coordinator- U54 Recruitment Core Co-PI / Program Manager- U54 Pilot Project |
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So, that means that if I call the slob on the bar stool next to me an assh**e, and he beats the crap out of me, I can sue him because he is infringing on my freedom of speech? Cool.
They are doing these kinds of things to make us think our country is over. Guess what; it’s not.
There’s never been a law I’m aware of that allows people to attack others over insults. Sticks and stones and all that...
There’s never been a law I’m aware of that allows people to attack others over insults. Sticks and stones and all that...
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