(5) Knowingly makes repeated unwanted communication to another person; orThere's a big problem with that first part, wrote Judge William Ray Price Jr. in his unanimous opinion:
(6) Without good cause engages in any other act with the purpose to frighten, intimidate, or cause emotional distress to another person, cause such person to be frightened, intimidated, or emotionally distressed, and such person's response to the act is one of a person of average sensibilities considering the age of such person.
"Repeated," "unwanted," and "communicate" are simply words that can be applied too broadly.... individuals picketing a private or public entity would have to cease once they were informed their protestations were unwanted. A teacher would be unable to call a second time on a student once the pupil asked to be left alone. Salvation Army bell-ringers collecting money for charity could be prosecuted for harassment if they ask a passerby for a donation after being told, "I've already given; please don't ask again." An advertising campaign urging an elected official to change his or her position on a controversial issue would be criminalized.
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