Gray v. McGinnis

Respondent appeals from the trial court’s entry of a stalking protective order (SPO), issued pursuant to ORS 163.738. He contends that the trial court erroneously based the SPO on text and voice messages that express constitutionally protected speech. See State v. Rangel, 328 Or 294, 306, 977 P2d 379 (1999). We agree with respondent that the text and voice messages do not satisfy the Rangel standard for contacts involving speech and that the record contains no evidence of other contacts sufficient to permit the SPO.

Neither party has requested that we review this matter de novo, and we decline…