If you’re making a constitutional argument here, regulation of interstate commerce is constitutional. If I’m hiring a network of people to follow you around and

If you’re making a constitutional argument here, regulation of interstate commerce is constitutional. If I’m hiring a network of people to follow you around and make notes about you, that’s clearly commercial, and it’s going to cross state lines. Especially if I am myself being hired to hire those people, by people in all states, targeting people in all states. Regulation of speech is plainly unconstitutional. Regulation of commercial stalking may involve speech, but a balancing test would likely find that it’s primarily a question of commerce. The scale argument is the justification for creating the law in the first place, not what makes it legal or illegal. Yes, most people do think that scale makes things worse due to the increased effects. Mass murder is worse than regular murder, mass dumping is worse than throwing a single battery into a lake, etc. That’s why laws often take scale into account or create different offenses specifically based on scale.