2 David F. O'Sullivan, Assistant District Attorney, for the Commonwealth. Daniel J. Lyne & Theodore J. Folkman, for Eugene Volokh, amicus curiae, submitted a brief. CORDY, J. This case concerns the constitutionality of the criminal harassment statute, G. L. c. 265, § 43A (a), and its application to acts of cyberharassment among others. Specifically, we consider whether a pattern of harassing conduct that includes both communications made directly to the targets of the harassment and false communications made to third parties through Internet postings solely for the purpose of encouraging those parties also to engage in harassing conduct toward the targets can be constitutionally proscribed by the statute. We also consider whether, to the extent that this pattern of conduct includes speech, that speech is protected by the First Amendment to the United States Constitution or is unprotected speech integral to the commission of the crime. The defendants, William and Gail Johnson, were both convicted of criminal harassment. William2 was also convicted of making a false, or "frivolous," report of child abuse, G. L. c. 119, § 51A (c). Among other things, the defendants' conduct included posting information about the victims online along with 2 The defendants and the victims are both married couples. Where appropriate the defendants and the victims are referred to by their first names given the common last name between each married couple.