46 Months For Un-Social Media Postings & Stalking.

Criminal defendant sent sexually suggestive and threatening texts and emails to his former girlfriend and her friends. He created a Facebook page in her name and posted nude photos of her on it. A jury found him guilty of stalking in violation of 18 U.S.C. § 2261A (2)(A) & 2261 (b)(5). On appeal, defendant contends that 18 U.S.C. § 2261A is facially unconstitutional because it prohibits un-social media speech protected by the First Amendment, and that 18 U.S.C. § 2261A(2)(A) is overly broad because it does not define “substantial emotional distress” or “harassment.” The Ninth Circuit affirmed his conviction, noting the challenged terms are not esoteric or complicated, and stating defendant’s intent to harass and intimidate the victim and cause substantial emotional distress was not afforded First Amendment protection, as it was integral to his criminal conduct.  (U.S. v. Osinger (Ninth Cir.; June 4, 2014) (As Corrected July 2, 2014) (Case No. 11-50338).)