People v. Livio

OPINION OF THE COURT

Ira J. Raab, J.

“Sticks and stones may break my bones, but words will never harm me.” (Children’s taunt, Northrop, Folk Phrases [1894].) This case involves two fundamental legal principles in conflict with each other: a person’s right to say what is on his or her mind, versus another person’s right to be left alone. This court *303must decide whether the instant criminal information alleges facts which could show that the defendant exceeded his right to free speech and, by his words, crossed over into the realm of unlawful conduct. The words uttered by defendant telemarketer in…