Exercise 8 - Stalking and Harassment Act Exceptions

An enthusiastic anti-war rally takes place. Protesters have obtained all necessary permits to hold the rally and law enforcement officers are present for crowd-control and security. Officer Strong uses his riot shield and baton to forcibly move back three vocal protestors when they try to cross over the designated rally perimeter. His crowd control methods are in line with his training. He has to use the same method on 17 separate occasions with the same protestors. Each time both the officer and the protestors become more vocal and forceful with each other. The three protestors repeatedly yell at the officer calling him "pig" at least 50 times. Officer Strong, claiming he was terrorized, charges the three with harassment, and the three protestors, also claiming to be terrorized, file a complaint which results in the officer being charged with harassment. Attorneys for both the officer and the three protestors argue motions to dismiss the charges in magistrate court.

How should the judge rule on each motion?

A. Dismiss the charge against the officer because he was on duty at the time. Deny the protestors their motion to dismiss because of their 50 slurs against the officer.

Answer A is correct as it relates to the officer but incorrect as it relates to the protestors. Under §30-3A-4(B), an exception to the Harassment and Stalking Act is a peace officer performing his duties. Officer Strong's efforts, despite repetition and escalation, were in line with his training and in the performance of his duties. With respect to the protestors, §30-3A-4(A) makes lawful public demonstrations an exception to the Act. The anti-war rally was organized with all necessary permits, and the protestors, despite attempts to travel outside the perimeter, did not do so. Regarding the protestors' repeated yelling of "pig," a "reasonable officer" would not suffer substantial emotional distress. Please select another answer.

B. Dismiss the charge against the three protestors because their actions were during a public demonstration. Deny the officer's motion to dismiss because of the increases in his tone and forcefulness.

Answer B is correct as it relates to the three protestors but incorrect as it relates to the officer. With respect to the protestors, §30-3A-4(A) makes lawful public demonstrations an exception to the Harassment and Stalking Act. The anti-war rally was organized with all necessary permits and the protestors, despite attempts to travel outside the perimeter, did not do so. Regarding the protestors' repeated yelling of "pig," a "reasonable officer" would not suffer substantial emotional distress. As to the officer, under §30-3A-4(B) an exception to the Act is a peace officer performing his duties. Officer Strong's efforts, despite repetition and escalation, were in line with his training and in the performance of his duties. Please select another answer.

C. Grant both the officer's and protestors' motions to dismiss because their respective conduct does not constitute harassment.

Answer C is correct! With respect to the protestors, §30-3A-4(A) makes lawful public demonstrations an exception to the Harassment and Stalking Act. The anti-war rally was organized with all necessary permits and the protestors, despite attempts to travel outside the perimeter, did not do so. Regarding the protestors' repeated yelling of "pig," a "reasonable officer" would not suffer substantial emotional distress. As to the officer, under §30-3A-4(B) an exception to the Act is a peace officer performing his duties. Officer Strong's efforts, despite repetition and escalation, were in line with his training and in the performance of his duties.