From People v. Moreno, decided today by the Colorado Supreme Court, in a unanimous opinion written by Justice William W. Hood, III:
As relevant here, section 18-9-111(1)(e) states that
[a] person commits harassment if, with intent to harass, annoy, or alarm another person, he or she … [d]irectly or indirectly initiates communication with a person or directs language toward another person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computer network, computer system, or other interactive electronic medium in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, computer system, or other interactive electronic medium that is obscene….
Merriam-Webster defines the verb "harass" as to: "exhaust, fatigue"; "to annoy persistently"; and "to create an unpleasant or hostile situation for[,] especially by uninvited and unwelcome verbal … conduct." The definition of "harassment" in Black's Law Dictionary means "[w]ords, conduct, or action (usu. repeated or persistent) that, being directed at a specific person, annoys, alarms, or causes substantial emotional distress to that person and serves no legitimate purpose; purposeful vexation." … [T]his broad meaning of the term "harass" covers protected speech….
