Prosecutor: No stalking charges for Shirvell

The Washtenaw County prosecutor has rejected a request from the University of Michigan Department of Public Safety for stalking charges to be filed against Assistant Michigan Attorney General Andrew Shirvell for his persistent harassment of U of M student leader Chris Armstrong. AnnArbor.com reports:

Washtenaw County prosecutors denied a request for stalking charges against Andrew Shirvell, saying his speech and actions toward University of Michigan student body President Chris Armstrong were protected speech.

“The only fair review of Mr. Shirvell’s statements is that they are offensive and mean-spirited,” Konrad Siller, first assistant prosecuting attorney, wrote in a memo denying stalking charges on Tuesday. “However, Mr. Shirvell’s statements criticizing Mr. Armstrong’s presidency are not considered harassment under the stalking statute.” …

“In short, Mr. Shirvell’s statements, although at times childish and disingenuous are protected speech as he has a right to criticize the qualifications, campaign promises or public views of the student body president,” Siller wrote. “For these reasons I cannot authorize a stalking charge against Mr. Shirvell.”

He’s probably right. Anything said on his blog is almost certainly protected by the First Amendment, as is picketing outside an event where Armstrong is in attendance. The incident where he stood outside Armstrong’s home skirts close to the line, perhaps, but as long as he stayed on public property there is likely little that can be done about it without an actual threat being made.

There are many court precedents, some of them involving protests outside the homes of abortion doctors, that uphold the right to protest outside someone’s home as long as they don’t trespass on private property or engage in threatening behavior.

Shirvell has a hearing on Friday to appeal a trespass order from U of M forbidding him to go on university property. In light of the rejection of criminal charges in this case and the dropping of Armstrong’s request for a Personal Protection Order, it is likely that he will win that appeal and be allowed back on campus.