First Amendment Issues Flashcards
defined as “those words which by their
very utterance inflict injury or tend to incite an immediate breach of the peace” are not protected
by the First Amendment.
FIGHTING WORDS
a properly trained officer may reasonably be expected to exercise a higher degree of restraint than the average citizen, and thus be less likely to respond belligerently to
fighting words
An employee at the sheriff’s office told him the report was not yet available. He then “became upset and raised [his] voice.” He was arrested as he was attempting to leave the sheriff’s office
State v. Perkins, PROTECTED SPEECH DIRECTED AT LAW ENFORCEMENT
“Why don’t you pick on somebody your own size?” After Officer Kelley responded: “[A]re you interrupting me in my official capacity as a Houston police officer?” Hill then shouted: “Yes, why don’t you pick on somebody my size?”
Houston v. Hill, PROTECTED SPEECH DIRECTED AT LAW ENFORCEMENT
He threatened to take the law into his own hands and told police that he had a gun. When officers arrived, they found Nassif outside his residence. He was upset, loud, and acted aggressively. When an officer told Nassif that the police were leaving, Nassif shouted a threat. Nassif was arrested for disorderly conduct.
City of Bismarck v. Nassif, SPEECH NOT PROTECTED WHEN DIRECTED AT LAW ENFORCEMENT
Officer McCloud testified that, as he approached LaCoste
and instructed him to stop, LaCoste threw up his arms in a hostile manner and began yelling obscenities at the officer, insisting he would not comply with the officers demands. After his arrest, LaCoste repeatedly shouted obscenities, challenging the officer, and
taunting the officer and another officer regarding their lack of success in bringing him under control.
State v. LaCoste, SPEECH NOT PROTECTED WHEN DIRECTED AT LAW ENFORCEMENT
She was told to leave the area because she was interfering with the officers’ efforts to make the arrests. Wilkerson refused to leave and continued cursing and yelling. After her third refusal to leave and after other bystanders began yelling at and cursing the officers, Wilkerson was arrested for obstructing an officer in the performance of his duties.
Wilkerson v. State, SPEECH NOT PROTECTED WHEN DIRECTED AT LAW ENFORCEMENT
Officer Martin testified: He acted like he didn’t want to
get out. He said he wouldn’t get out. He finally got out. He was grossly intoxicated, became very loud and boisterous, basically disorderly
State v. Pittman, SPEECH NOT PROTECTED WHEN DIRECTED AT LAW ENFORCEMENT
SPEECH NOT PROTECTED WHEN DIRECTED AT LAW ENFORCEMENT
- Threats 2. Physically Interfering 3. Intoxication
A Texas state law making it a crime to desecrate a flag was inconsistent with the First Amendment where the defendant burned the flag as a protest thereby having First Amendment protection as a form of expressive conduct
Texas v. Johnson
