Defendant’s videos were not protected speech under the First Amendment or the New Jersey Constitution. See United States v. Sayer, 748 F.3d 425, 429, 433-34 (1st Cir. 2014) (where defendant posted unauthorized advertisements, created false Facebook accounts using Jane Doe’s name, and posted sexually explicit pictures and videos of her, the court found that this was considered speech integral to the criminal conduct of harassment); see also United States v. Petrovic, 701 F.3d 849, 855 (8th Cir. 2012) (where defendant distributed Jane Doe’s confidential information, posted screen shots of private conversations, and put her contact information and her children’s social security numbers online, defendant’s communications were considered “integral to his criminal conduct of extortion” as they were the means of carrying out his threats.
Whether freedom of speech encompasses a right to intentionally annoy another person is debatable. A basic principal of first amendment jurisprudence is that the first amendment exists to protect offensive or annoying expression. That is the only kind of expression that anyone attempts to prevent.