SJC: Harassment not protected by 1st Amendment
Rep. Lyons
BOSTON -- Posting false advertisements online can be considered criminal harassment unprotected by the First Amendment, according to a Supreme Judicial Court decision Tuesday, which upheld the conviction of two people who directed "pranks" against an Andover lawmaker.
Rep. James Lyons, a Republican, was not yet a member of the House in 2008 when William and Gail Johnson enlisted their friend Gerald Colton to use personal information about Lyons and his wife to harass them, according to the SJC. Lyons had opposed the couple's plans to develop property abutting their home.
Colton advertised free golf carts at the Lyons' home, posted another ad offering "my late son's" motorcycle for sale with Lyons' phone number, and sent Lyons a message that said, "Remember, if you aren't miserable, I aint happy! Let's Play." William Johnson also committed the crime of falsely reporting Lyons to the Department of Children and Families for alleged child abuse.
In a ruling written by Justice Robert Cordy and released Tuesday morning, the SJC denied an appeal from the Johnsons and found the defendants' speech was not protected by the First Amendment. Cordy said the case is the court's first to consider the "type of conduct at issue here."
The case involves the use of the classified ad website Craigslist to steer unwitting people against a target.
The SJC found that though the "methods were indirect" the phony posts were "intended solely" to cause strangers to contact the Lyons.
"Where the sole purpose of the defendants' speech was to further their endeavor to intentionally harass the Lyonses, such speech is not protected by the First Amendment," the SJC wrote.
"I thought it was a very well written opinion and my wife and I are extremely grateful for the Supreme Court's decision in this case," Lyons told the News Service. "These people literally tortured my wife, my boys and myself, and to this day shown not one ounce of remorse."
Lyons, who was elected in 2010, said the Johnsons are no longer his neighbors and said both were incarcerated as a result of their convictions. The husband was sentenced to serve 18 months imprisonment and his wife was sentenced to serve six months, the SJC stated.