Critics charge that the law is overly broad: even unconstitutionally so. It outlaws using profane or lewd language online or via any electronic device to “terrify, intimidate, threaten, harass, annoy or offend.”
Annoy or offend??
Yeah, I’d go with “overly broad” here. I don’t think we need to criminalize a text message that says “f*** you.”
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On the other hand, why should it be legal to “terrify, intimidate, threaten, harass” with language that is neither profane nor lewd?
It probably isn’t; the law is probably just meant to extend the prohibition to “annoy and offend” when the language /is/ profane.
“On the other hand, why should it be legal to “terrify, intimidate, threaten, harass” with language that is neither profane nor lewd?”
Because, obviously, the telemarketing industry is a big money-maker and has some political clout.