PD-0075-24 06/05/2024
ON COURT’S OWN MOTION
“Was Texas Penal Code section 42.07(a)(7) unconstitutional as applied to Appellant?”
After terminating treatment with his therapist, Owens sent her emails, texts, and Facebook messages containing hostile accusations and profanity. He was convicted of harassment for sending repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend. See Tex. Penal Code § 42.07(a)(7).
The court of appeals addressed Owens’ as-applied challenge to the harassment statute, Section 42.07(a)(7), which asserted that he was being punished for the content of his messages. The court rejected his complaint. Recognizing that prohibited conduct is distinct from protected expressive conduct, the court held that the words used to harass the therapist are outside First Amendment protection. Therefore, he failed to show that Section 42.07(a)(7) operated unconstitutionally as applied, and he did not overcome the presumption of constitutionality.
