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COMMONWEALTH v. WALTERS

SJC-11799.

472 Mass. 680 (2015)

37 N.E.3d 980

COMMONWEALTH v. MICHAEL WALTERS.

Supreme Judicial Court of Massachusetts, Bristol.

September 18, 2015.

Attorney(s) appearing for the Case

Ethan C. Stiles, for the defendant.

David B. Mark, Assistant District Attorney (Shoshana Stern, Assistant District Attorney, with him) for the Commonwealth.

The following submitted briefs for amici curiae:

Claire Laporte, Marco J. Quina, Rebecca M. Cazabon, Stephen T. Bychowski, & Bendan T. Jarboe, for Domestic & Sexual Violence Council, Inc., & others.

Helen Gerostathos Gotten, Sandra J. Badin, Lyzzette M. Bullock, & John Nucci, for Jane Doe Inc. & others.

Steven M. Freeman, Lauren A. Jones, & Melissa Garlick, of New York, & Joseph Berman for Anti-Defamation League.

Kirsten V. Mayer, Kavitha A. Mecozzi, Jennifer S. Pantina, Alexandra L. Roth, Matthew R. Segal, Jessie J. Rossman, & Mason Kortz, for American Liberties Union of Massachusetts.

Present: GANTS, C.J., SPINA, CORDY, BOTSFORD, DUFFLY, LENK, & HINES, JJ.

This case raises the question whether a posting to the Web site Facebook may constitute a threat within the meaning of the stalking statute, G. L. c. 265, § 43 (a) (§ 43 [a]). We conclude that although content posted to Facebook may qualify as a threat as defined in the statute, in this particular case, a reasonable...

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