Washington state Rep. Joel McEntire, R-Cathlamet, is now subject to a year-long protection order related to comments he made to a constituent over Facebook, which the court considered to be threats that go beyond the bounds of First Amendment protections.
The Daily News (TDN) of Longview first reported the news Wednesday morning, citing a Monday ruling from Cowlitz County District Court Judge David A. Nelson.
The district court judge decided in favor of the plaintiff and Longview resident Britney Brown, awarding the year-long protection order and finding that two specific comments from McEntire were not protected under the First Amendment.
According to TDN reporting, the ruling orders McEntire to remove certain posts from his personal Facebook account and to not make any new posts related to Brown for the next year. The ruling also allows Brown to file to renew the order before it expires next year.
The protection order identified two specific posts or comments from McEntire deemed to be threatening, with the first offering to reveal Brown’s personal email and phone number and the second implying a call to damage Brown’s personal vehicle.
“Maybe some artwork should be done to her vehicle,” he wrote.
TDN reported that Brown confirmed that her personal information had in fact been released and that the exposure led her to fear for the privacy of herself and her children. She also reported potential damage to her car.
According to the Wednesday reporting by TDN, McEntire defended his conduct, first arguing that his posts were protected under the First Amendment right to free speech and, secondly, claiming that Brown continued contact with him on Facebook even after filing for the protection order, disproving her claims of emotional distress or claims. The representative went on to claim he believed Brown enjoyed their interactions.
Nelson did not agree, and instead stated that Brown could be interested in continuing to discuss her opinion with McEntire while still fearing harmed.
In addition to ruling against McEntire and in favor of Brown, Nelson also denied a request from McEntire for $3,000 in attorney fees from Brown.