The Massachusetts Supreme Judicial Court (SJC) has
upheld the conviction of an Andover couple for violation of the
Commonwealth's criminal harassment statute by, among other
things, posting fake ads on Craigslist. In brushing aside the couple's
challenges to the statute, the Court emphatically held that the
First Amendment does not provide a defense to allegations of
criminal harassment simply because the defendant uses words to
carry out the harassment. The Court also rejected the
defendants' attempt to "launder their harassment . . .
through the internet to escape liability."
"Pranks" Against "Mr. Meany"
The facts are a bit skin-crawling. The defendants, William and
Gail Johnson, owned a tract of land in Andover and made plans to
develop it for profit. The owners of the abutting tract – Jim
and Bernadette Lyons – opposed the development plan, and the
result was litigation between the long-time neighbors. In the midst
of this contentious situation, the Johnsons
