United States First Circuit

Defendant's efforts to cripple the Democratic Party's get-out-the-vote initiative by jamming the Party's phone lines on election day did not violate 47 U.S.C. section 223(a)(1)(D)(2000). That statute, which criminalizes persistent telephone-ringing, requires a subjective purpose to harass.

Appellate Information

• Decided 01/07/2009
• Published 01/07/2009

Judges

• BOUDIN, Circuit Judge., Before LYNCH, Chief Judge, BOUDIN and STAHL, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Andrew Levchuk, Department of Justice, Criminal Division, Public Integrity Section, with whom William M. Welch II, Chief, Department of Justice, Criminal Division, Public Integrity Section, Nicholas Marsh, Department of Justice, Criminal Division, Public Integrity Section, Michael DuBose, Chief, Department of Justice, Criminal Division, Computer Crime and Intellectual Property Section, and Albert Rees, Department of Justice, Criminal Division, Computer Crime and Intellectual Property Section, were on brief for appellant.


• For Appellees:
  
• John G. Kester with whom Dane H. Butswinkas, Tobin J. Romero, Jonathan Kravis and Williams & Connolly LLP were on brief for appellee.