Freedom of Speech vs. Law?

Question

If you curse at a police officer, you get arrested. What if you state "In my opinion" prior to cursing, is that ok? Such as "In my opinion your an a--h-le." Not that I recommend cursing at someone with a gun.

Answer 1

Those who say you will not get arrested are not correct.

There is a landmark case on cursing at a police officer. In Chaplinski v. New Hampshire, the US Supreme Court ruled swearing at an officer is an exception to the First Amendment, and you can be arrested. The case is commonly referred to as the "Fighting Words Doctrine". It states words intended to provoke are not free speech, and you can be arrested.

It would not matter if you said "in my opinion". All that matters is provocation.

However, most every officer has a pretty high tolerance if it is just you and him. However, call him a name in front of a group of people, especially young or elderly, and you will wind up with a charge for Disorderly Conduct.

Answer 2

I don't know of anyone getting arrested for cursing at a cop but if your actions are hindering his or her preformance of their duties you could be arrested for obstructing an officer.  Why risk it, go file a complaint instead.

Answer 3

Depending on the officer?

In my case I would reply:

"And you Sir, In my frank and honest opinion, are entitled to your opinion, for what it is worth, it takes one to know one HUH?"

"So from one a*****e to another touche."

Answer 4

Cursing at a police officer is not a crime in the u.s., but that is not to say that you cannot get arrested.  The question would be whether it was a lawful arrest.  That would depend on the circumstances.  If you did it in a manner that interfered with the officer's performance of his duties, that could be a crime.  If you did it in a manner that constituted a breach of the peace that could be a crime.  If you simply walk up to a cop in the coffee shop and say "pardon me, but go f*** youself",  you are likely to be detained and checked to see if you are mentally ill, but you have committed no crime.

Answer 5

"If you curse at a police officer, you get arrested."

This is not true.