Student’s “lewd” video about teacher provokes errant Wisconsin ruling applying “online harassment” law

Can derogatory remarks about a teacher be both constitutionally protected speech and also punishable as harassment?A Wisconsin appeals court appears to believe so.The Wisconsin Supreme Court is being asked to take up the case of "Kaleb K.," a 15-year-old student from Stevens Point, Wisc., who was arrested after posting a homemade rap on YouTube filled with profane, degrading language about his Spanish teacher.In September 2012, a juvenile-court judge declared Kaleb delinquent on the grounds of violating state criminal statutes against disorderly conduct and unlawful use of a computer communications system.In a ruling last November, the state Court of Appeals threw out the disorderly conduct charge, finding that Kaleb's lyrics, though distasteful, were not threatening, obscene or otherwise outside the boundaries of the First Amendment.But the court then went on to uphold the conviction under the state's computer-harassment law, which makes it a misdemeanor if a speaker "sends a message to [a] person on an electronic mail or other computerized communication system" that contains lewd or profane language "with the intent to harass, annoy, or offend."It's possible to harass someone even with a constitutionally protected message if the speech is delivered in an especially harassing manner.