Bobref Posted August 27, 2019 Share Posted August 27, 2019 @Muda69, this one is made for you. It’s got race, drugs, the police state, social media, and the First Amendment, all rolled into one. Discuss: https://www.theindianalawyer.com/articles/moms-facebook-harassment-conviction-splits-appellate-panel?utm_source=news-update&utm_medium=newsletter&utm_campaign=2019-08-27 Mom’s Facebook harassment conviction splits appellate panel August 27, 2019 | Katie Stancombe A mother who made threatening social media posts toward a police officer after her son’s death has lost an appeal of her harassment conviction. The Indiana Court of Appeals divided on the sufficiency of evidence supporting her conviction, with a dissenting judge declaring the state’s criminal harassment statute “unconstitutionally overbroad and facially invalid because it is susceptible of prohibiting protected expression.” Constance McGuire was convicted of Class B misdemeanor harassment after she posted on Facebook that members of the Kokomo Police Department “better watch out” and that “this mother is on a rampage and ready to shoot and kill.” McGuire took to social media after the death of her son, who died after consuming methamphetamine during a traffic stop in which Kokomo police officer Jeramie Dodd was involved. Upon her son’s death, McGuire made a Facebook post that included several threats against Dodd that were later reported to police by one of McGuire’s more than 1,000 Facebook friends. The Indiana Court of Appeals heard oral arguments in the case last month, considering McGuire’s argument on appeal that her specific Facebook posts were constitutionally protected and that her conviction amounted to an unconstitutional impairment of speech. An appellate panel consisting of Judges L. Mark Bailey, Patricia Riley and Rudolph Pyle III split on McGuire’s conviction, with the majority affirming the trial court in Constance J Mcguire v. State of Indiana,18A-CR-02554. First, the majority concluded that McGuire had the expectation that the offending conduct would come to the attention of Dodd when she transmitted the messages online. It additionally found her “profanity-laced threat” urged Dodd to commit suicide, which the majority considered as obscene under Indiana Code § 35-45-2-2(a)(4)(B). However, Pyle dissented in a separate opinion, finding no evidence was introduced showing McGuire’s Facebook posts fit within an unprotected category. Specifically, Pyle noted that the state failed by charging McGuire with harassment instead of intimidation, and that the harassment statute is “unconstitutionally overbroad.” Story Continues Below The dissenting judge continued to argue that the “true threat” analysis did not apply to the case and the state did not present sufficient evidence of McGuire’s intent. “This dissent does not condone the disturbing, crass statements made by McGuire about Officer Dodd,” Pyle wrote in his dissent. “However, our primary duty is to uphold the principles enshrined in the Federal and State Constitutions. When a statute falls short, this Court has a duty to reverse a conviction, even if it might leave a sour taste in one’s mouth.” But in affirming, the majority found McGuire’s speech amounted to a constitutionally proscribable true threat and that her speech could be regulated consistent with federal constitutional principles. “… n view of the true threat contained in the speech, there is sufficient evidence McGuire lacked the intent to engage in ‘legitimate communication’ with regard to the United States Constitution,” Bailey wrote for the majority. “Moreover, because the speech was not unambiguously political and posed a threat to safety, there is sufficient evidence McGuire lacked the intent to engage in ‘legitimate communication’ with regard to the Indiana Constitution,” the majority concluded. It therefore found no failure of proof and determined McGuire’s conviction concerned proscribable speech. 1 Link to comment Share on other sites More sharing options...
DanteEstonia Posted August 27, 2019 Share Posted August 27, 2019 So someone saying someone “should have gotten his ass beat more” can be considered harassment? 1 Link to comment Share on other sites More sharing options...
Bobref Posted August 27, 2019 Author Share Posted August 27, 2019 9 minutes ago, DanteEstonia said: So someone saying someone “should have gotten his ass beat more” can be considered harassment? This is the harassment statute in question: Harassment occurs when an individual, who intends to harass, annoy, or alarm another person (but without any intent of legitimate communication), engages in the following: Makes a phone call (regardless of whether a conversation ensues); Communicates with a person by telegraph, mail, or other form of written communication; Transmits an obscene message, or indecent words on a Citizens Radio service channel; or Uses a computer network, or other form of electronic communication to communicate with a person or transmit an obscene message or indecent words to a person. Link to comment Share on other sites More sharing options...
Impartial_Observer Posted August 28, 2019 Share Posted August 28, 2019 Bob if I send you a check for 20 bucks, would that be considered a retainer? 2 Link to comment Share on other sites More sharing options...
DanteEstonia Posted August 28, 2019 Share Posted August 28, 2019 3 hours ago, Bobref said: This is the harassment statute in question: Harassment occurs when an individual, who intends to harass, annoy, or alarm another person (but without any intent of legitimate communication), engages in the following: Makes a phone call (regardless of whether a conversation ensues); Communicates with a person by telegraph, mail, or other form of written communication; Transmits an obscene message, or indecent words on a Citizens Radio service channel; or Uses a computer network, or other form of electronic communication to communicate with a person or transmit an obscene message or indecent words to a person. Looks like bullet point 4 matches. 1 Link to comment Share on other sites More sharing options...
DanteEstonia Posted August 28, 2019 Share Posted August 28, 2019 Even then, I’d imagine that someone with fake joints who is, at most, 2 inches taller than 5’6” really wouldn’t be able to do any “ass beating”. 1 Link to comment Share on other sites More sharing options...
gonzoron Posted August 28, 2019 Share Posted August 28, 2019 5 minutes ago, DanteEstonia said: Looks like bullet point 4 matches. 1 Link to comment Share on other sites More sharing options...
gonzoron Posted August 28, 2019 Share Posted August 28, 2019 I think we may have a harassment duel in the making. Or is it dual harassment? 2 Link to comment Share on other sites More sharing options...
Bobref Posted August 28, 2019 Author Share Posted August 28, 2019 6 hours ago, Impartial_Observer said: Bob if I send you a check for 20 bucks, would that be considered a retainer? Sure. That’ll get you about 4 minutes. Talk fast. 1 Link to comment Share on other sites More sharing options...
DanteEstonia Posted August 28, 2019 Share Posted August 28, 2019 Lot of laughs from a man that’s barely two inches taller than his daughter. 1 1 Link to comment Share on other sites More sharing options...
Impartial_Observer Posted August 28, 2019 Share Posted August 28, 2019 First you fat shame me, then you short shame me......I thought you were woke, you're just a bully. 2 Link to comment Share on other sites More sharing options...
DanteEstonia Posted August 28, 2019 Share Posted August 28, 2019 1 hour ago, Impartial_Observer said: First you fat shame me, then you short shame me......I thought you were woke, you're just a bully. Remind me what you said I deserved? 1 Link to comment Share on other sites More sharing options...
Impartial_Observer Posted August 28, 2019 Share Posted August 28, 2019 (edited) 7 minutes ago, DanteEstonia said: Remind me what you said I deserved? Sources? My memory ain't so good either. Edited August 28, 2019 by Impartial_Observer Link to comment Share on other sites More sharing options...
DanteEstonia Posted August 28, 2019 Share Posted August 28, 2019 7 minutes ago, Impartial_Observer said: Sources? My memory ain't so good either. Link to comment Share on other sites More sharing options...
Impartial_Observer Posted August 28, 2019 Share Posted August 28, 2019 9 minutes ago, DanteEstonia said: Link to comment Share on other sites More sharing options...
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