A man who left vulgar messages on an assistant district attorney’s voicemail cannot be charged with second-degree aggravated harassment for what a judge concluded was protected speech that did not rise to a “true threat.”

In dismissing the misdemeanor case on Monday, District Court Judge Valerie Alexander in Nassau County observed that the state’s harassment statute unconstitutionally infringed on the defendant’s First Amendment rights, saying the law’s “vagueness and overbreadth” was clear and “cries out to be reworked.”

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