Verbal Harassment Laws in America: Legal Protections and Penalties

In the United States, the legal landscape surrounding verbal harassment varies by state and often involves a delicate balance between ensuring individuals are protected from abuse and respecting the freedoms enshrined in the Constitution, particularly the First Amendment. This article explores how different jurisdictions handle verbal harassment, focusing on key statutes and case precedents that provide legal recourse for victims.

Overview of Legal Protections Against Verbal Harassment

While the First Amendment guarantees freedom of speech, this freedom is not absolute and does not cover all offensive or harmful speech. Many states have enacted laws to protect individuals from ongoing verbal harassment, which can be a severe form of emotional distress and a violation of personhood.

State-Specific Statutes and Legal Precedents

One such example is the Pennsylvania law, embodied in 18 Pa.C.S. § 2709, which specifically addresses harassment. This statute was enacted to extend legal protections to individuals similar to those afforded to the general public under disorderly conduct and breach of the peace laws.

The statute defines harassment as:

Striking, shoving, or kicking an individual. Following someone in a public place. A course of conduct serving no legitimate purpose. Communicating lewd, lascivious, threatening, or obscene words or drawings. Communicating anonymously or repeatedly at inconvenient hours. Communicating repeatedly in a manner other than the above.

These offenses are typically classified as summary offenses, similar to traffic tickets, with an upper penalty of up to 90 days in jail in severe cases.

Case law, such as Com. v. Duncan (239 539 546-47 363 A.2d 803 807 1976), provides significant insight into how courts interpret these statutes. In Duncan, the defendant’s conduct was found not to be protected under the First Amendment, as it involved unwelcome and alarming speech. However, the Westboro Baptist Church has often successfully defended similar charges on First Amendment grounds, highlighting the complex legal landscape.

Case Study: An Incident of Verbal Harassment

To better illustrate the application of these laws, let us examine a hypothetical case. Miss Hartman was studying in a dormitory when appellant approached and made inappropriate remarks to her. Initially ignored, the appellant persisted in making requests that left Miss Hartman disturbed and seeking help from her resident advisor. Upon reporting the incident, the legal system would assess if the behavior was harassment under state laws and provide appropriate protections.

Conclusion

While the U.S. Constitution protects freedom of speech, there are legal mechanisms, particularly in state-specific statutes, to address and penalize ongoing verbal harassment. It is essential to understand these laws to better protect oneself and understand the limits of free speech in certain circumstances.

Keywords: verbal harassment, legal protection, First Amendment, state-specific laws, criminal harassment