Are curse words protected by the First Amendment?

Question

I was ticketed,last August,for"Cursing In Front of Children"because I said "This is F...ing Bullsh.t!"to a cop and a kid,about 12 yrs. old was riding by.(I talked to him,later,to apologize,and1)He didn't hear me2)Hethought it was FUNNY I got a ticket for THAT,and,3)his"Mom and Dad say worse than that,all the time."...)Before this,I had a PERFECT record.I pled guilty,cuz i couldn't afford an atty.I got a $122.50 fine,and I now have a misdemeanor Disturbing the Peace.After 38 yrs. with no record,and I think the action that GAVE me a record is,in itself,nothing short of a blatent violation of MY civil rights!Ironic,eh???Tell me if I'm wrong.Peace.

Answer 1

It's close, but could be unconstitutional.
The Supreme Court case you want to read is Cohen v. California, 403 U.S. 15:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=403&invol=15

Appellant was convicted of violating that part of Cal. Penal Code 415 which prohibits "maliciously and willfully disturb[ing] the peace or quiet of any neighborhood or person . . . by . . . offensive conduct," for wearing a jacket bearing the words "**** the Draft" in a corridor of the Los Angeles Courthouse. The Court of Appeal held that "offensive conduct" means "behavior which has a tendency to provoke others to acts of violence or to in turn disturb the peace," and affirmed the conviction. Held: Absent a more particularized and compelling reason for its actions, the State may not, consistently with the First and Fourteenth Amendments, make the simple public display of this single four-letter expletive a criminal offense. Pp. 22-26.

(The only differences are (1) the Cohen case was a protest against war, and (2) it wasn't orally communicated, but visual)

Answer 2

I see it as a violation of the constitution of the United States, assuming that you live in this country. You have two options at this point. You can either just pay the fine and ignore it, or you can fight this on the grounds that it is unconstitutional. Indeed, I'm curious as to which law that the officer feels that you broke.

If you go down the second path, you will need a lawyer. You may be able to find one that will work Pro Bono, in that if you lose, you owe him/her nothing. Granted, a fine of $122.50 isn't that much in today's society. However, this could be a fight about priniciples.