Stalking Statute Prohibiting Repeated Telephone Calls Not Unconstitutional

State v. Hall, Minn.Ct.App., 12/5/2016.  Upset over his water bill, Mr. Hall placed five calls to a town employee in the middle of night.  Upon discovering that the town office wasn't open, and apparently being "old school", Mr. Hall left five voicemail messages, each more vociferous, obscene and hostile.

The state charged Mr. Hall with stalking for "repeatedly making telephone calls, knowing that the conduct would cause the victim to feel frightened, threatened, persecuted, oppressed, or intimidated and, in fact, causes this reaction. See Minn. Stat. § 609.749, subds. 1, 2(4) (2014)."  Mr. Hall said that his voicemails were protected speech under the First Amendment.  Here's how the court described the first call:

Hall’s first voicemail began with complaints about the mistreatment of neighborhood dogs. As the voicemail continues, his tone became increasingly hostile. He says that “this bullsh-t is going to come to an end.” He tells B.R. that she is “done” and that the locals are waiting for someone like him to “step up to the plate and swing the bat.” He adds, “Your bullsh-t is about to end.” He then described rumors about how B.R. was kicked out of her house for being immoral and how her family had killed a man. He says that “things are going to happen around here real quick, real quick, all done.” He ends the voicemail by insulting B.R.’s husband as a “fat mother f-cker.” The first voicemail is 3 minutes and 25 seconds long and includes more than 20 expletives. 

You get the picture.

The court concludes that the stalking statute includes not just making repeated calls but also the content of those calls.  The court then concludes that the statute is neither overbroad on its face nor as applied.  Because the statute includes a knowledge requirement by the actor, and a harm requirement to the victim, "it is highly unlikely that the statute would sweep a substantial number of constitutionally protected communications within its purview."   And, because Mr. Hall's rant included threats his voicemails were not protected speech, but, rather, were "fighting words."