A key law in fighting cyberstalking has been upheld by the Texas Court of Criminal Appeals
In a split decision, the High Court says a Tarrant County man can be prosecuted for sending nine harassing messages to his ex-wife in 2013.
Charles Barton had filed a motion to quash his criminal charges, arguing that the electronic harassment statute was unconstitutional and that the charging document failed to provide adequate notice because it lacked specificity.
The motion was denied by a trial judge but reversed by the Second Court of Appeals in Fort Worth. Today’s ruling reverses the appeals court.
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“Since (the statute) does not regulate speech, and therefore does not implicate the free-speech guarantee of the First Amendment, the statute is not susceptible to an overbreadth challenge,” Judge Scott Walker wrote. “As a regulation of non-speech conduct, (the statute) is not facially unconstitutional because it is rationally related to a legitimate governmental interest. The question of whether the statute is vague will have to wait for a proper as-applied challenge.”
Walker was joined by Judges Hearvey, Richardson Yeary and Newell.
In a concurring opinion, Judge Kevin Yeary wrote “The statute at issue here protects citizens from harassment—from being forced and compelled to endure the delivery of repeated electronic communications sent to them in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass or offend another, and with the specific BARTON – 2 intent to do just that to them.
Presiding Judge Sharon Keller issued a strong dissent.
“Suppose a citizen, unhappy with an opinion from this Court, sent repeated emails to a group of like-minded citizens, saying ‘Texas is in trouble’ and ‘This is arguably the most devastating ruling I have ever received from a court’ and ‘It’s time to get serious and get on the phone, write letters, etc. to everyone you know to make them aware of what’s happening. Name names on this court! If this stands we lose Texas. It’s do or die this time.’” She wrote. “Has that citizen committed a crime? Under the Court’s decision today, the answer is ‘Yes.’ At the risk of being prosecuted myself for violating (the statute) let me say here that the people of Texas should be alarmed by this holding.”
The law targets repeat texts. It is not aimed at angry individuals who fire off an angry message.
“One or two would be fine. But when people get angry and just start sending text after text after text and they have no purpose other than to harass a person that’s where the law draws a line and when a person could be prosecuted.” said criminal defense attorney Toby Shook, who has no role in the case.
The ruling means Barton’s case will be returned to the trial court for further action.
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