Constitutional Law

Madison WI proclaims peaceful open carry is disorderly conduct

Press release here.

Five open carriers went into a restaurant. One patron called police to check them out, stating she "felt uneasy" despite their calm behavior. The city is classifying it as disorderly conduct (disturbing the peace), noting "The DC statute does not require an actual disturbance take place, only that conduct in question is of a type that tends to cause or provoke a disturbance."

The relevance of that is unknown. The city's position must boil down to -- conduct that is both legal and peaceful becomes a misdemeanor if it upsets someone to where they call police. And that, even if it is constitutionally protected. It seems like a 2A version of the 1A "hecklers' veto" -- we will ban your speech, the content of which is permissible, because your opponents might become violent if you gave it.

Hat tip to reader Chris...

Full post as published by Of Arms and the Law on September 24, 2010 (boomark / email).