Lawrence Shackelford v. Jack Shirley, Sheriff, Lee County, Mississippi

KING, Circuit Judge:

This habeas corpus appeal involves an unusual first amendment challenge to the constitutionality of the appellant’s incarceration. Lawrence Shackelford was convicted in state court of violating Miss.Code Ann. § 97-29-45, the Mississippi telephone harassment statute, which provides in pertinent part:(1) It shall be unlawful for any person or persons:(b) to make a telephone call, with intent to terrify, intimidate, or harass, and threaten to inflict injury or physical harm to any person at the called number or to his property.

Shackelford admitted to placing a telephone call…