From Tuesday's decision in Calhoun v. Harrell by the Georgia Court of Appeals, written by Judge Anne Elizabeth Barnes and joined by Judge Elizabeth Gobeil:
Marion D. Calhoun appeals from a Stalking Three Year Protective Order entered against her and in favor of Carlotta Harrell. Calhoun contends that her conduct at issue—posting to Facebook comments relating to Harrell, the Chair of the Henry County Board of Commissioners—amounted to engaging in constitutionally protected political speech and was, at any rate, insufficient to authorize the order….
As background, it is undisputed that Harrell procured in 2021 a one-year stalking protective order against Calhoun. The record shows that the following year, in May 2022, Harrell returned to court and filed … the petition that led to the now contested three-year protective order. In support of that petition, Harrell swore, "Calhoun has continued to make posting[s] on social media that have an undertone of violence…. I continue to be in constant fear of my life and safety because of the constant stalking of Ms. Calhoun via social media." …
[At the hearing,] Harrell began her case by calling Calhoun to the stand. During such cross-examination, Calhoun described herself as a Black community activist; and she admitted that she had posted to Facebook a series of comments about Harrell, who is also Black. In response to various questions, Calhoun admitted that in a February 2022 post, she called Harrell and another individual "snakes"; that in a different February 2022 post, she called Harrell and another individual "MFERS" who had come from "traitorous ancestors"; that in another February 2022 post, she talked about Harrell's "blood line"; that in other February 2022 posts, she commented about Black politicians in Henry County; that in a March 2022 post, she referred to Harrell's father as "just another dam pimp in the pulpit"; that in a March 2022 post, she said that Black politicians in the county could come get her because they knew where she was; that in an April 2022 post, she said that Harrell was a "skunk"; that in another post, she described Harrell as a "piece of crap"; that in other posts between August 2021 and April 2022, she characterized Harrell's mode as "fetching and stepping," "skinning and grinning," and being a "house Negro." When asked whether she had meant her name-calling as compliments, as fighting words, or as something else, Calhoun's response included: "[Harrell] knows why I wrote that. She's black." [For more details on the posts, see pp. 3-6, nn. 5-14 of the opinion. -EV]
When Harrell took the stand, she testified that she was the Chairman of the Board of Commissioners in Henry County, but had brought the action in her private capacity explaining that "[i]t's about my safety"; that she was afraid of Calhoun; and that she considered certain of Calhoun's name-calling to be fighting words and as "words of incitement" intended "to rile up the Black community to attack [her]." Harrell further testified that Calhoun's "going after [her] family" was something Calhoun had added since the previous protective order. When asked how she felt about Calhoun's posts collectively, Harrell responded,
