> It is a somewhat ugly constitutional question whether this speech would be protected

It should be stated that the majority of states have laws that make it illegal to encourage a suicide. Massachusetts was not one of them.

> and any civil-liberties minded person understands the difficult issues this case raises

He was in his truck, which was configured to pump exhaust gas into the cab, prepared to kill himself when he decided halt and exit his truck. Subsequently he had a text message conversation with the defendant who actively encouraged him to get back into the truck and finish what he had started.

It was these limited and specific text messages which caused the judge to rule that the defendant was guilty of manslaughter. Her total time served as punishment was less than one full year in prison.

> These issues are moot if the speech is between an adult and a child

They were both taking pharmaceuticals meant to manage depression but were _known_ to increase feelings of suicidal ideation. I think the free speech issue is an important criminal consideration but it steps directly past one of the most galling civil facts in the case.