18 of § 43A (a).10 The defendants point to no lawful purpose of their "communications" that would take them outside of the exception delineated in Giboney. To the extent that any of the harassing contacts were composed of words, they were used "so close in time and purpose to a substantive evil as to become part of the ultimate crime itself." United States v. Freeman, 761 F.2d 549, 552 (9th Cir. 1985), cert. denied, 476 U.S. 1120 (1986). In such instances, "where speech becomes an integral part of the crime, a First Amendment defense is foreclosed." Id. While the content of the speech in question certainly affected the Lyonses, much of the alarming impact was the product of the frightening number, frequency, and type of harassing contacts with which the defendants bombarded the Lyonses. In these circumstances, the application of § 43A (a) to the defendants fully withstands constitutional scrutiny.11 10 The Commonwealth also argues that the speech here is "speech that unjustifiably invades privacy." We agree with the defendants, however, that there is no criminal invasion of privacy statute in Massachusetts. This ultimately proves irrelevant given our holding that the speech at issue falls under another category of speech not subject to First Amendment protection. 11 We disagree with the defendants' contention that their conviction for criminal harassment rests solely on incidents of pure speech. In Commonwealth v. Welch, 444 Mass. 80, 86-87 (2005), we noted that courts have long recognized that speech and conduct "frequently overlap and may be incapable of precise differentiation" and that "the criminal harassment statute was intended to proscribe harassing conduct encompassing 'speech.'" It is apparent that cyberharassment will consistently involve a

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