Hawai'i Legal News

Counterman v. Colorado (SCOTUS June 27, 2023) Background. Billy Counterman was charged by Colorado prosecutors for harassment and stalking. For two years, Billy Counterman sent a local musician hundreds of messages on Facebook. Messages started with “A fine display with your partner” and a “couple physical sightings” were sent to her. She never responded. The messages took a turn: “Fuck off permanently.” “Staying in cyber life is going to kill you.” “You’re not being good for human relations. Die.”   The musician got scared and believed her life was in danger. She went to the authorities. Colorado has a statute criminalizing repeated communications “that would cause a reasonable person to suffer serious emotional distress and does cause that person . . . to suffer serious emotional distress.” Colo. Rev. Stat. § 18-3-602(1)(c). Counterman moved to dismiss on the grounds that it was not a true threat under the First Amendment. Counterman challenged the objective “reasonable pe...

State v. Zowail (HSC June 15, 2020) Background. Mohammad Zowail was charged with engaging in a business on a public sidewalk in violation of Revised Ordinances of Honolulu (ROH) § 29-5.1. A trial, the prosecution presented evidence from the police. Plainclothes officers were partrolling on foot in Waikiki. At around 7:00 p.m. on a night in November 2017, the officers saw Zowail for five to ten minutes conducting an “art performance.” He was spray painting on a canvas and explaining to a crowd that had gathered what he was doing. He was not selling the artwork, but offered to sell paintings for $75. Zowail testified. He said he was 23 years old and getting a psychology degree. He was hoping to earn a Ph.D. he testified that he has a “passion for art and this is a new generation of art. I was showing people what I do. . . . It’s basically an art show done within like ten minutes, all with spray paint.” He said he was exercising his First amendment right to perform on the public sidewa...

State v. Russo (HSC December 14, 2017) Background. Maui Police Department officers were conducting traffic surveillance on the side of Haleakala Highway. Thomas Russo stopped his vehicle on the road shoulder and started to record the officers on his phone. Russo first approached Officer John Fairchild. Officer Fairchild asked Russo to turn his hazard lights on. Russo says he can do that and starts walking back to his vehicle and turns his hazard lights on. Russo briefly talked to Officer Fairchild about slowing down traffic “all the way up to Haliimaile.” Officer Fairchild told him that they were pulling cars off the roadway into an area on the shoulder so Russo would have to “step off to the side.” Officer Fairchild said “I don’t want you to get run over.” Russo replied, “Okay.” Russo next again approached the officers and walked past Officer Fairchild. He approached Officer Rusty Lawson, who was standing near a vehicle that had been stopped. As Russo neared him, Officer Lawso...