(5) Knowingly makes repeated unwanted communication to another person; orThere's a big problem with that first part, wrote Judge William Ray Price Jr. in his unanimous opinion:
(6) Without good cause engages in any other act with the purpose to frighten, intimidate, or cause emotional distress to another person, cause such person to be frightened, intimidated, or emotionally distressed, and such person's response to the act is one of a person of average sensibilities considering the age of such person.
"Repeated," "unwanted," and "communicate" are simply words that can be applied too broadly.... individuals picketing a private or public entity would have to cease once they were informed their protestations were unwanted. A teacher would be unable to call a second time on a student once the pupil asked to be left alone. Salvation Army bell-ringers collecting money for charity could be prosecuted for harassment if they ask a passerby for a donation after being told, "I've already given; please don't ask again." An advertising campaign urging an elected official to change his or her position on a controversial issue would be criminalized.
Support Local Journalism.
Join the Riverfront Times Press Club
Local journalism is information. Information is power. And we believe everyone deserves access to accurate independent coverage of their community and state. Our readers helped us continue this coverage in 2020, and we are so grateful for the support.
Help us keep this coverage going in 2021. Whether it's a one-time acknowledgement of this article or an ongoing membership pledge, your support goes to local-based reporting from our small but mighty team.
Join the Riverfront Times Club for as little as $5 a month.