Annoying Phone Call Law Upset

A state appellate court Tuesday overturned the California law against annoying or harassing anonymous phone calls, saying the statute was too broad and violated callers’ constitutional right to freedom of speech.

The ruling reversed the conviction of Carolyn Elias, who was sentenced to three years’ probation, a $1,000 fine and 60 days in jail for making numerous calls in 1984-1985 to her former boyfriend and his wife and then hanging up without identifying herself.

“The subject statute places limitations on one of the principal tools for communication in today’s society,” wrote 2nd District Court of Appeal Justice Eugene McClosky, with the concurrence of Justice Arleigh Woods. “Merely because speech is annoying or irritating to the hearer does not strip it of First Amendment protection.”

Disagreeing strongly, Justice Ronald George said that he had “conceptual difficulty” viewing Elias’ half-dozen daily “hang-up” calls “as attempts at speech or communication in any form.”