Can you be prosecuted for repeated unwanted emails to government offices or officials?
Some thought-provoking stuff in there. How do you answer the question?If I keep phoning you to say offensive things to you, I might be prosecuted for telephone harassment (especially if you’ve told me to stop calling). Similar laws in many states apply to unwanted email; sometimes, you can get a restraining order against me to stop talking to you. Some “harassment” and “stalking” bans likewise restrict unwanted in-person speech. These laws have generally been upheld by lower courts; and in Rowan v. U.S. Post Office Dep’t (1970), the Supreme Court upheld a law that let anyone basically order any mailer to stop mailing them, and if the mailer continued, that would be a crime.
Offensive speech about people is generally constitutionally protected, unless it falls within one of the narrow First Amendment exceptions, such as threats or defamation. But offensive speech to people can generally be restricted.
But what if the offensive speech is to a government office, to a government official or (sometimes) to a candidate? Let’s set aside speech that falls within an existing First Amendment exception, such as true threats of criminal attack, or so-called “fighting words” (face-to-face personal insults that are likely to start a fight). Can calling government offices or officials to insult them — especially after being told to stop — be punished the way that calling a private individual to insult them might be?
