While the Elonis is not directly about civil harassment laws, it portends to resolve an issue that arises in civil harassment law: whether a person can be thrown in jail for “speech” when no evidence exists of the intention of the speaker.
From Elonis’ petition to SCOTUS
"Whether a conviction of threatening another person requires proof of the defendant’s subjective intent to threaten; or whether it is enough to show that a “reasonable person” would regard the statement as threatening."
Elonis’s question by analog will apply to constitutionality of 527.6 of likewise, 527.6 requires zero showing of intention to harass. While many interpret 527.6 to target actual threats, the “harassment” language of 527.6 is so vague and ambiguous that can and has been used to sanction activity which is not a true threat but action that merely annoys others. (Black letter definition of harassment includes mere annoyance.)
First Amendment Case is Crash Course in Rap for SCOTUS
Supreme Court to consider whether threats made on Facebook are free speech By Sam Hananel, Associated Press POSTED: 12/01/14, 6:59 AM PST