Is cursing a cop protected speech?
SD court asked whether profanity is disorderly
BROOKINGS, S.D. (AP) – The South Dakota Supreme Court on Monday heard arguments over whether yelling profanities at a passing police officer is protected speech under the U.S. Constitution.
Attorneys for Marcus Suhn argued the First and 14th Amendments protected him and a misdemeanor disorderly conduct conviction should be overturned. He appealed to the high court after being convicted for a Sept. 2, 2007, exchange with Police Officer David Gibson.
The Constitution gives Americans to express ideas and opinions freely, Suhn’s attorney, Robert Fite said. “That right also gives us the right to criticize our government and its agencies without fear of retribution.”
But Assistant Attorney General Ann Meyer countered that a lower court judge was right in concluding Suhn’s exclamations fell under the “fighting words” exception of the First Amendment.
Meyer also said the disorderly conduct charge was appropriate because Suhn uttered the profanities among a crowd of bar patrons, which created a risk, Meyer said.</em>
Gee, I dunno. I think the right to yell “Fuck Da Police” in a crowdful of drunks is precisely what the Bill of Rights intended. Don’t want to get yelled at, get a new job.
