|
Poid
Shroomery's #1 Spellir




Registered: 02/04/08
Posts: 40,372
Loc: SF Bay Area
|
Is it illegal to swear at a cop?
#12434603 - 04/21/10 09:26 PM (14 years, 1 month ago) |
|
|
I've always wondered this...
-------------------- Well I try my best to be just like I am, but everybody wants you to be just like them. -- Bob Dylan  fireworks_god said:It's one thing to simply enjoy a style of life that one enjoys, but it's another thing altogether to refer to another person's choice as "wrong" or to rationalize their behavior as being pathological or resulting from some sort of inadequacy or failing so as to create a sense of superiority or separation as yet another projection of a personal fear or control issue.
|
Alan Rockefeller
Mycologist


Registered: 03/10/07
Posts: 48,392
Last seen: 2 days, 19 hours
|
Re: Is it illegal to swear at a cop? [Re: Poid] 1
#12434965 - 04/21/10 10:35 PM (14 years, 1 month ago) |
|
|
Swearing at cops is legal because the speech is protected by the first amendment.
Its not a smart thing to do and they might kick your ass, but many people have given the finger to cops, then sued them and won.
They can't even pull you over for it because they need probable cause to pull you over.
Of course they often will pull you over for it anyway so its not recommended.
If you are going to do it, you better video tape it so they can't get away with distorting the facts in court.
Quote:
The right to free expression and law enforcement's desire to control dissent and challenges to authority pose vexing problems for police officials. By combining police sanction concepts, citizen demeanor literature, and case law on civil liability, the author shows how police officers increase liability risks by arresting or otherwise retaliating against vocal critics, uncooperative suspects, and citizens with an attitude problem. After identifying the retaliation standard articulated by the U.S. Supreme Court in Mt. Healthy City School District Board of Education v. Doyle (1977), the author examines lower cases pursuant to Mt. Healthy's three-pronged test: (1) whether plaintiff conduct is protected by the first amendment; (2) whether plaintiff's protected first amendment activity is a substantial or motivating factor in police officer conduct; and (3) whether a police officer would respond the same in the absence of the protected first amendment activity. He concludes that police officers need more training in anger management and interpersonal communication to avoid liability for violating the first amendment right of citizens to verbally confront and challenge the police.
For more information see http://www.shroomery.org/forums/showflat.php/Number/9602680
|
illuminati
Strange


Registered: 06/17/07
Posts: 556
Loc: Aboard the T.A.R.D.I.S.
Last seen: 3 years, 8 months
|
|
I think you could get charged with disorderly conduct if you were in a public place and other people heard you. I don't know how well that would hold up in court though. I was just in court for a friend's probation violation hearing, and the dude before him told the judge he received a probation violation and disorderly conduct charge for "calling a cop a name." Then again, might be different if you're on probation.
-------------------- I didn't get turned on I just got turned I wasn't as aroused as I was concerned for each one of 'em I've hurt and every time I've been burned I've got a lot to teach but even more to learn
|
Sinoc
Jugglin' fool


Registered: 10/28/09
Posts: 651
Last seen: 3 years, 10 months
|
Re: Is it illegal to swear at a cop? [Re: illuminati]
#12436030 - 04/22/10 03:31 AM (14 years, 30 days ago) |
|
|
Makes me wanna drive around with a video camera and flip off cops.....
|
Alan Rockefeller
Mycologist


Registered: 03/10/07
Posts: 48,392
Last seen: 2 days, 19 hours
|
Re: Is it illegal to swear at a cop? [Re: illuminati] 1
#12437274 - 04/22/10 11:33 AM (14 years, 30 days ago) |
|
|
I agree, disorderly conduct is the thing I would worry about. Its important to swear at the cop in an orderly manner. They can not arrest you for expressing your views, but they can arrest you for screaming swears in public. Its a fine line.
|
jebustrist
Stranger

Registered: 07/08/09
Posts: 79
|
|
I know there was a guy in PA who settled for a hefty sum after the cops imprisoned him for swearing at them...
|
Poid
Shroomery's #1 Spellir




Registered: 02/04/08
Posts: 40,372
Loc: SF Bay Area
|
|
Thanks for your responses Alan.
-------------------- Well I try my best to be just like I am, but everybody wants you to be just like them. -- Bob Dylan  fireworks_god said:It's one thing to simply enjoy a style of life that one enjoys, but it's another thing altogether to refer to another person's choice as "wrong" or to rationalize their behavior as being pathological or resulting from some sort of inadequacy or failing so as to create a sense of superiority or separation as yet another projection of a personal fear or control issue.
|
numonkei
Back! From thedigestive tractof dave theiguana!

Registered: 04/12/06
Posts: 2,500
Loc: A Tree
Last seen: 7 years, 2 months
|
|
Quote:
Alan Rockefeller Said: Its not a smart thing to do and they might kick your ass, but many people have given the finger to cops, then sued them and won.
I assume you must mean sue for 'repercussions' of giving the finger to cops.
Being able to give the finger to a cop, then sue them for that and win, probably would be horrible for our legal system in general, but oh how great would it feel.
~Monk
|
Alan Rockefeller
Mycologist


Registered: 03/10/07
Posts: 48,392
Last seen: 2 days, 19 hours
|
Re: Is it illegal to swear at a cop? [Re: numonkei]
#12450151 - 04/24/10 04:06 PM (14 years, 28 days ago) |
|
|
Quote:
I assume you must mean sue for 'repercussions' of giving the finger to cops.
Correct. If you give them the finger and they arrest you for that, you can sue. Read the link I posted. (at least the first page) Its quite good. I got it from my library via interlibrary loan and scanned it in.
|
joemolloy
DMT is Bullshit


Registered: 04/12/09
Posts: 6,525
|
|
They'll plant drugs on you or make up some other bullshit and you can spend ten grand fighting it.
-------------------- Don't PM me with bullshit. I don't sell or trade cactus and I don't know where you can get any, other than your mother's ass.
|
Seuss
Error: divide byzero



Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 3 months, 8 days
|
|
> Swearing at cops is legal because the speech is protected by the first amendment.
Depends upon what is said. "Fuck you copper" vs "I'm going to fuck you up, copper" as an example. The later is a threat, which is not protected by the first amendment.
-------------------- Just another spore in the wind.
|
Adden


Registered: 06/04/03
Posts: 39,201
Loc:
|
Re: Is it illegal to swear at a cop? [Re: Poid]
#12458903 - 04/26/10 10:26 AM (14 years, 26 days ago) |
|
|
I flipped off an off-duty cop for nearly t-boning me (go figure) from a township a good amount of miles away. He somehow got my address and pulled up to my house. A few minutes later my local PD was there and I was told it was a public display of obscenity in a school zone. If I apologized he wouldn't press charges.
What the fuck.
|
fatso



Registered: 05/14/09
Posts: 3,088
Loc: LA
Last seen: 11 years, 9 months
|
Re: Is it illegal to swear at a cop? [Re: Adden]
#12459586 - 04/26/10 12:52 PM (14 years, 26 days ago) |
|
|
now that some fucking horseshit right there
--------------------
My old Papaver Somniferums var. Gigantum and my Passion Flower...
|
Poid
Shroomery's #1 Spellir




Registered: 02/04/08
Posts: 40,372
Loc: SF Bay Area
|
Re: Is it illegal to swear at a cop? [Re: Adden]
#12461674 - 04/26/10 07:11 PM (14 years, 26 days ago) |
|
|
Quote:
Dystopia said: ...I was told it was a public display of obscenity in a school zone.
Is that even a crime?
-------------------- Well I try my best to be just like I am, but everybody wants you to be just like them. -- Bob Dylan  fireworks_god said:It's one thing to simply enjoy a style of life that one enjoys, but it's another thing altogether to refer to another person's choice as "wrong" or to rationalize their behavior as being pathological or resulting from some sort of inadequacy or failing so as to create a sense of superiority or separation as yet another projection of a personal fear or control issue.
|
Adden


Registered: 06/04/03
Posts: 39,201
Loc:
|
Re: Is it illegal to swear at a cop? [Re: Poid] 1
#12466172 - 04/27/10 02:44 PM (14 years, 25 days ago) |
|
|
Probably not.
I was in my jock years and twice this guy's size.
It's funny how he trespassed and assaulted me (not to be confused with battery), but that's OK.
|
iluvfungi


Registered: 06/17/09
Posts: 1,488
Loc: Oakland, CA USA
Last seen: 13 years, 7 days
|
|
Quote:
Alan Rockefeller said: Swearing at cops is legal because the speech is protected by the first amendment.
Its not a smart thing to do and they might kick your ass, but many people have given the finger to cops, then sued them and won.
They can't even pull you over for it because they need probable cause to pull you over.
Of course they often will pull you over for it anyway so its not recommended.
If you are going to do it, you better video tape it so they can't get away with distorting the facts in court.
Quote:
The right to free expression and law enforcement's desire to control dissent and challenges to authority pose vexing problems for police officials. By combining police sanction concepts, citizen demeanor literature, and case law on civil liability, the author shows how police officers increase liability risks by arresting or otherwise retaliating against vocal critics, uncooperative suspects, and citizens with an attitude problem. After identifying the retaliation standard articulated by the U.S. Supreme Court in Mt. Healthy City School District Board of Education v. Doyle (1977), the author examines lower cases pursuant to Mt. Healthy's three-pronged test: (1) whether plaintiff conduct is protected by the first amendment; (2) whether plaintiff's protected first amendment activity is a substantial or motivating factor in police officer conduct; and (3) whether a police officer would respond the same in the absence of the protected first amendment activity. He concludes that police officers need more training in anger management and interpersonal communication to avoid liability for violating the first amendment right of citizens to verbally confront and challenge the police.
For more information see http://www.shroomery.org/forums/showflat.php/Number/9602680
Yah but they are only going to kick yer ass if you are really drunk or a big boy.
|
|