Implied Threat On Facebook Insufficient To Support Stalking Conviction

Last month, the Massachusetts Supreme Judicial Court (SJC) held that a Facebook profile may constitute a "threat" within the meaning of the Massachusetts stalking statute. However, a profile that is merely "vaguely ominous or disturbing," as was the case in Commonwealth v. Walters, is insufficient to support a conviction.

Background

In 2006, Michael Walters and his girlfriend bought a house together in Seekonk, Massachusetts, just over the Rhode Island border. In 2007, the couple split up, but kept living in the same house. Walters began a pattern of harassment against his then ex-girlfriend which eventually led to her obtaining a restraining order requiring him to vacate the house, except that he was permitted continued access the construction equipment he stored on the property.