uhm 1st amendment here....but it could b considered as disorderly conduct n u can go to jail for that....sooo its better to watch ur language
2007-01-03 09:58:09
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answer #1
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answered by Anonymous
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Depends upon local laws, but the answer is "not usually." Cursing at anybody is generally protected speech (no, it is not an assault, an assault is an attempt to commit a battery). However, it is illegal in many states to use language which is inherently likely to provoke a violent reaction. The usual ruling is that police officers, due to their job and training, are not likely to react violently. However, if you are yelling at the officer so that others can hear it, it could be disturbing the peace in most states.
Bottom line, probably not illegal, but certainly stupid.
ADD: Note that in the NYC case referenced below, the charge was not based upon cursing the cop itself, but upon enaging in conduct which could cause public inconvenience, annoyance or alarm (the fellow was screaming curses in public). Moreover, I think it pretty clear that the ordinance at issue is unconstitutional under Chapman v. California, in which the US Supreme Court said that a person could not be punished for having a jacket that said "F*** the Draft" even though members of the public might take offense.
2007-01-03 08:41:37
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answer #2
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answered by Anonymous
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When in public, you can use every form of profanity known to man. The moment you direct it towards anyone, not just an officer, you have committed a crime. Most commonly, if towards regular citizens, this is considered Disorderly Conduct - Language. If it is towards an official of the state or someone in Law Enforcement, it usually becomes a form of assault. of some sort. The reason for the higher degree of offense is that State Officials and Law Enforcement Officials hold a form of authority in society. Because of that authority, it makes them more succept to having people verbally attack them even if they were not directly involved with anything that happened to the person on the attack.
2007-01-03 09:30:16
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answer #3
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answered by ? 5
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Nope not illegal to curse at a cop. But I would bet you would complain if we cursed at you. Don't say anything that could be mistaken as a threat. Trust Me.
2007-01-03 09:41:41
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answer #4
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answered by mikey 3
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Here's what I could find on this subject....
http://www.officer.com/article/article.jsp?id=32388&siteSection=1
NYC Judges Rules Cursing at Officers Against the Law
Screaming an anatomically impossible obscene suggestion at a police officer is against the law, a Manhattan judge has decided.
The quirky ruling, made public yesterday, concerns the case of Brooklynite Ramon Morena, who is charged with creating a public disturbance by shouting "Go f - - - yourself" at a cop in the Theater District in March.
Morena's lawyer had tried to convince the judge that civilians enjoy a First Amendment right to criticize and verbally challenge police officers. The charges, he argued, should therefore be thrown out of court.
http://www.freedomforum.org/templates
document.asp?documentID=16529
ACLU fights Pennsylvania police on profanity arrests
The mother of three was rushing a load of groceries to her sister's house when she was pulled over by an officer who said she had made an incomplete stop.
When told her driver's license was suspended, Upshaw used a profanity to describe her day. She ended up in jail for her choice of words
Every state has laws against foul language, but the courts, including the U.S. Supreme Court, have generally agreed that the words have to be used in a violent or sexually obscene context, said John Burkoff, associate dean and law professor at the University of Pittsburgh. Uttering something vulgar or profane is not, in itself, grounds for arrest, he said.
2007-01-03 08:45:48
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answer #5
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answered by blevins2147 5
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it is illegal in some states if it goes to the point of disturbing anyone....even if the state doesn't uphold it the municipality might and you may not be arrested for a violation of state law but you could be arreste dfor violating a municipal code in causing a disturbance.
also if the officer is in the middle of an investigaiton or trying to solve an issue on a call and you start cussing them out, you could be arrested for obstructing an investigation.
2007-01-03 22:46:41
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answer #6
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answered by onalaska_speedracer04 3
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The US Supreme Court addressed this years ago. NO it is not illegal, unless other civilians are present and your conduct appears to alarm them. Under those circumstances you can be arrested for disorderly conduct.
2007-01-03 16:00:25
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answer #7
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answered by Thunderhawk 3
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Hey guys just to let you know i live in nyc and i was getting a dumb ticket and i asked the cop not to be dick and he gave me a summonse for disorderly conduct i got court date in feb over something so stupid i couldnt believe ima fight it any suggestions
2007-01-05 12:09:59
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answer #8
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answered by Rick G 1
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You can be charged with disorderly conduct which the law in most all states.There's also a good chance of being charged with resisting arrest and they kick the crap out of you. Your word against thiers and they win every time.
2007-01-03 08:37:19
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answer #9
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answered by Anonymous
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No it's not illegal but unless you want to land hard on the trunk or the ground while being arrested....well go ahead.
2007-01-03 08:25:06
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answer #10
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answered by spanky1492 2
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Yea you can curse just no threats against him but heres the kicker if there was ever a chance that you could walk you just ''BLEW IT DUDE''
2007-01-04 12:44:39
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answer #11
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answered by L J 4
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