Last September, a man named Mark Feigin posted five comments on the Facebook page of an Islamic center. They were not Islam-friendly. “THE MORE MUSLIMS WE ALLOW INTO AMERICA,” he wrote, “THE MORE TERROR WE WILL SEE.” He called Islam “dangerous” and said it has “no place in western civilization.” A couple of his comments included vulgar or profane language. On December 20, the State of California sued Feigin, charging him with violation of a penal code that reads, in part:
“Every person who, with intent to annoy or harass, makes repeated telephone calls or makes repeated contact by means of an electronic communication device... to another person is... guilty of a misdemeanor.”