I've been doing research on harassment laws. Two states that have perplexed me are Connecticut and New Jersey.
In CT, Harassment is:
(a) A person is guilty of harassment in the second degree when: (1) By telephone, he addresses another in or uses indecent or obscene language; or (2) with intent to harass, annoy or alarm another person, he communicates with a person ... in a manner likely to cause annoyance or alarm; or (3) with intent to harass, annoy or alarm another person, he makes a telephone call, whether or not a conversation ensues, in a manner likely to cause annoyance or alarm.
In New Jersey, Harassment is:
with purpose to harass another, he:
a. Makes, or causes to be made, a communication or
communications anonymously or at extremely inconvenient
hours, or in offensively coarse language, or any other manner
likely to cause annoyance or alarm;
b. Subjects another to striking, kicking, shoving, or other
offensive touching, or threatens to do so; or
c. Engages in any other course of alarming conduct or of
repeatedly committed acts with purpose to alarm or seriously
annoy such other person
The statutes here criminalize, in broad strokes, any communication that is annoying. Several other states (New York, Oregon, Washington, Connecticut, Kansas City) have struck down identically worded statutes.
Why have New Jersey and Connecticut upheld their statutes?
In CT, Harassment is:
(a) A person is guilty of harassment in the second degree when: (1) By telephone, he addresses another in or uses indecent or obscene language; or (2) with intent to harass, annoy or alarm another person, he communicates with a person ... in a manner likely to cause annoyance or alarm; or (3) with intent to harass, annoy or alarm another person, he makes a telephone call, whether or not a conversation ensues, in a manner likely to cause annoyance or alarm.
In New Jersey, Harassment is:
with purpose to harass another, he:
a. Makes, or causes to be made, a communication or
communications anonymously or at extremely inconvenient
hours, or in offensively coarse language, or any other manner
likely to cause annoyance or alarm;
b. Subjects another to striking, kicking, shoving, or other
offensive touching, or threatens to do so; or
c. Engages in any other course of alarming conduct or of
repeatedly committed acts with purpose to alarm or seriously
annoy such other person
The statutes here criminalize, in broad strokes, any communication that is annoying. Several other states (New York, Oregon, Washington, Connecticut, Kansas City) have struck down identically worded statutes.
Why have New Jersey and Connecticut upheld their statutes?