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Vulgar Messages to Prosecutor Called Protected Speech
New York Law Journal ^ | 07.27.11 | Andrew Keshner

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 ...


TOPICS: Constitution/Conservatism; Crime/Corruption; US: New York
KEYWORDS: nicolas; pierrelouis

1 posted on 07/26/2011 8:03:41 PM PDT by Behind Liberal Lines
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To: Behind Liberal Lines
Jessy Pierre-Louis
Degrees: BA
Degree Institutuion:Long Island University , 2003
Title: Project Coordinator- U54 Recruitment Core
Co-PI / Program Manager- U54 Pilot Project

alt Jessy Pierre-Louis has a BA in Psychology from LIU. She began working at Dr. Magai's Intercultural Institute in 1997 as a research interviewer, and was appointed Project Coordinator for the "Psychosocial Deterrents to Breast Cancer Screening" study. She has worked as the Breast Health Outreach Coordinator-Brooklyn for an Avon Foundation-funded project linking the American Cancer Society, LIU and Columbia University , and is currently the Project Coordinator for two U54 projects examining psychosocial deterrents to prostate cancer screening and patterns of physical activity; both projects differentiate among Brooklyn's diverse Caribbean communities. Most recently, she has been funded for a U54 pilot grant aimed at increasing breast cancer awareness and mammography among women from these groups .

Complete Biography


2 posted on 07/26/2011 8:07:04 PM PDT by dennisw (NZT -- works better if you're already smart)
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To: Behind Liberal Lines
'I'm coming at you with fury,'


3 posted on 07/26/2011 8:09:32 PM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: Behind Liberal Lines

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.


4 posted on 07/26/2011 8:12:54 PM PDT by doc1019 (You do not need a parachute to skydive. You only need a parachute to skydive twice.)
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To: Behind Liberal Lines

They are doing these kinds of things to make us think our country is over. Guess what; it’s not.


5 posted on 07/26/2011 9:15:29 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: doc1019

There’s never been a law I’m aware of that allows people to attack others over insults. Sticks and stones and all that...


6 posted on 07/27/2011 4:55:30 AM PDT by Behind Liberal Lines
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To: doc1019

There’s never been a law I’m aware of that allows people to attack others over insults. Sticks and stones and all that...


7 posted on 07/27/2011 4:55:38 AM PDT by Behind Liberal Lines
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