3
false statements about items that the victims allegedly either
had for sale or were giving away, with the object of encouraging
unwitting third parties to repeatedly contact and harass the
victims at their home and on their telephone.
The defendants
also anonymously sent hostile and ominous communications
directly to the victims.
William claims that the criminal harassment statute is
facially unconstitutional, arguing that it regulates protected
speech and does not provide sufficient notice of the type of
conduct that is proscribed.
Additionally, both defendants argue
that the statute is unconstitutional as applied to their conduct
because they did not engage in "fighting words," an unprotected
category of speech that we held could be constitutionally
proscribed under the statute in Commonwealth v. Welch, 444 Mass.
80 (2005), abrogated on another ground by O'Brien v. Borowski,
461 Mass. 415 (2012).3
Further, both defendants contend that
their conduct did not meet the statutory requirements because
their actions were not actually directed at the victims and
there was inadequate evidence that their conduct caused any
serious alarm to the victims.
We conclude that the Legislature
drafted a sufficiently specific statute that is not
unconstitutional on its face; that the defendants' conduct
3
We acknowledge the amicus brief submitted by Eugene
Volokh.