Miscellaneous

America, Fuck Yeah!

Remember that guy from a few hours ago, the cat with the friendly little "how ya' doing" on his forehead? Well if he had been arrested in South Dakota instead of California, and if he were facing charges for cursing at the cops via his head tattoo, rather than for robbing a liquor store, he might be feeling pretty good.

That's because, last month, the S.D. Supremes ruled that yelling profanities at the cops can be an exercise of one's free speech rights:

Marcus J. Suhn yelled a stream of profanities beginning with "Fucking cop" on the sidewalk at 2 a.m. after the bars closed on Sept. 2, 2007, as two police officers were riding down the street in their patrol car. One officer heard Suhn, got out of his patrol car, arrested him and charged him with disorderly conduct....

According to Meierhenry, Suhn's profanity about the police did not "tend to incite an immediate breach of the peace," as the other people standing on Main Street did not react with any type of violence.

"The crowd merely responded with facial expressions of disbelief," he wrote. "Just because someone may have been offended, annoyed, or even angered by Suhn's words does not make them fighting words."

That's what I'm fucking talking about!

Full post as published by Quiz Law on February 06, 2009 (boomark / email).

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