ANSWERS: 17
  • Yes, you can! In most states, there are still laws on the books forbidding the use of foul language in public. Although these laws are seldom enforced, if you've irritated an officer enough, it would give him an excuse for the satisfaction of hauling your dirty mouth downtown. If you were to punctuate your comments with a gesture, for example, you might even be charged with disorderly conduct. Such arrests are almost always overturned, and even open the officer and city up to potential litigation, as in this case: http://www.freedomforum.org/templates/document.asp?documentID=16793 Of course, you don't even have to curse at a police officer to be arrested. Normal civilians will do: In 1999 a young man in Michigan (Timothy Boomer) was tried and convicted of using foul language in front of a woman and children after he fell out of his canoe. CourtTV covered the case. It was later overturned on appeal. http://www.firstamendmentcenter.org/news.aspx?id=4064 In 2004, a New Mexico teenager was arrested for cursing at a teacher. http://www.freenewmexican.com/news/5332.html
  • Aah, where to draw the line? In the United States of America a citizen's first amendment right is: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the FREEDOM OF SPEECH, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." This would seem that you have a right to speak freely and complain if you can't. However as a matter of decency and morality certain things are, shall we say, frowned upon saying to certain people. If you swear AT an officer of the law or any other person or make a derogatory remark to them or another personally it can be considered assault and is punishable in that sense as a crime against another person. If you are to swear, even repeatedly, to an officer in a conversation (non-personal/non-threatening) this in it's self should not be grounds for arrest. When you begin to get loud, threatening or bluntly vulgar you may then fall under certain public indecency laws and will open yourself up to being arrested. So overall if you say a swear word to an officer: NO. If you swear AT an officer than: Yes. By the way, don't be surprised if an officer swears back. They have rights too you know.
  • It all depends where you are and the laws regarding the situation. I have arrested someone for swearing. The word used was not even directed towards me, but around small children after several warnings. As for the remark of "where to draw the line". Yes the constitution gives freedom of speech, but not that would violate someone elses rights. The constitution gives the right to bear arms, but we are not allowed to own nuclear weapons. Things in the constitution are left very broad and it takes a REASONABLE person to not be extreme in interpreting what it means.
  • Actually, no, only when certain words and the manner in which the words are stated. any direct threat, with or without curse words, will definetely get you arrested. different states have different interprentations of the law and therefore have different laws to address this question. check your local and state laws, before spouting obscentities to the police.
  • congrats to number 3, the Supreme Court has decided many times over that First Amendment concerns are implicated here and preempt, naturally, any overly broad ordinance. the test is simple: Fighting Words... The fighting words doctrine, in United States constitutional law, is a limitation to freedom of speech as granted in the First Amendment to the United States Constitution. In its 9-0 decision, Chaplinsky v. New Hampshire (1942), the U.S. Supreme Court established the doctrine and held that "insulting or 'fighting words,' those that by their very utterance inflict injury or tend to incite an immediate breach of the peace" are among the "well-defined and narrowly limited classes of speech [which] the prevention and punishment of...have never been thought to raise any constitutional problem." but these words must have target, i.e, would the average person see them as such -- police officers should exhibit restraint above the level of average persons. e.g., interrupting an investigation by speech is reviewed on the same basis and have neutered many local ordinances. e.g., here is an overly broad one just sitting out there ) there are many): http://data.opi.state.mt.us/BILLS/mca/45/7/45-7-302.htm phooey
  • oops, and by all means this case: http://www.freedomforum.org/templates/document.asp?documentID=10326
  • oops, i forgot an excellent example of my above comment. be sure to read the whole page ;) http://www.freedomforum.org/templates/document.asp?documentID=10326
  • I fuckin was... bastards... than and driving under the influence of narcotics (legal prescription ones mind!), speeding and resisting arrest. Oops!
  • can you be arrested for cursing at a police officer when you are in your own home
  • It all depends on the circumstances. If your "normal language" includes profanity and you have just been robbed, you are going to use profanity. but, its not directly aimed at the police officer. Freedom of speech only goes so far. Crossing the line, using profanity directly aimed at a police officer, will get you arrested. Everything depends on intent.
  • Yes, verbal assault is still that: assault.
  • It all depends on how you word it & as long as you do not threaten physical violence.
  • you can also be badly beaten or shot... from my experience most of the cops either don't know the laws or just have as little respect for them as the common man.
  • if you threaten and curse then yes, but FUCK YOU is FREEDOM OF SPEeCH
  • Most states make it illegal to interfere with the work of a police officer. Most people cussing at police officers are probably doing something for which the officer can find another reason to arrest them if he/she wants to be bothered. It's like talking oneself into a ticker. The citation was for 5 miles over the speed limit, but the actual unrecorded offense was "contempt of cop."
  • look you can be arrested for anything, if the cop is an asshole and wants to arrest you.
  • I believe the charge would be considered disorderly conduct.

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