Mindel wrote:
In both Gooding v. Wilson and Lewis v. New Orleans, the court found the relevant disorderly conduct/breech of peace laws to be unconstitutionally overbroad, and these cases are considered two of the landmarks that did the most to weaken the fighting words doctrine set forth in Choplinsky. You dink :p
See also Houston v. Hill in which the court finds that a person cannot be convicted of disorderly conduct for arguing with a cop so long as they do not interfere with the conduct of the officer's duty and the disruption is limited to speech.
I'm sorry that you embarrassed yourself by assuming a nearly 70-year-old court ruling was still standing, really I am. Now would be a good time to walk away from the subject with some dignity in tact.
See also Houston v. Hill in which the court finds that a person cannot be convicted of disorderly conduct for arguing with a cop so long as they do not interfere with the conduct of the officer's duty and the disruption is limited to speech.
I'm sorry that you embarrassed yourself by assuming a nearly 70-year-old court ruling was still standing, really I am. Now would be a good time to walk away from the subject with some dignity in tact.
Nothing you just said invalidates my response to you. Yes, these two cases limited the scope of the ruling and restricted the wording severely. However, if a municipality were to construct such a law that states it is unlawful to verbally address an officer in such a way that attempts to provoke the officer into a response, it would likely be upheld. Therefore, my original statement that the right to verbally abuse an officer depends on local ordinances is still a perfectly valid statement.
Your underlying argument here is that calling an officer an ******* is likely protected under free speech, and I would agree. However, telling the officer you're going to kick his *** or "you haven't heard the last from me" can easily be interpreted as "fighting words" and thus is unlikely to be protected by free speech in the presence of a well-constructed law forbidding such language. Whether such a law exists, as I first stated, entirely depends on local and state ordinance.
I'd be willing to concede that the law is more restrictive than presented in my original citation if you're willing to admit that language directed at an officer that can reasonably be interpreted as intending to provoke a response (aka "fighting words") is still unprotected by free speech law and thus potentially restricted or prohibited by local ordinance.