The Associated Press
HELENA, Montana (AP) --Cursing at someone is a crime if the obscenities can be considered “fighting words,” and it doesn’t matter that the remarks are directed at a police officer who’s been trained to keep his cool, the Montana Supreme Court said.
The 5-2 ruling Thursday said such unprovoked utterances are not protected by the constitutional right to free speech. Any obscene language likely to provoke violence can bring an arrest for disorderly conduct, the court held.
In October 2000, Malachi Robinson swore loudly at Missoula County Deputy David McGinnis, who was parked in his squad car, calling him a "(expletive) pig,” according to court documents.
McGinnis got out and confronted Robinson, asking him “if there was anything he wanted to talk about.” Robinson swore again at McGinnis, who arrested him. Robinson was convicted of disorderly conduct and fined $50.
“It is one thing to expect peace officers to exercise more restraint than the average citizen,” Justice Bill Leaphart said for the majority. “However, it is quite another to allow the likes of Malachi Robinson to gratuitously test that restraint without fear of being charged with disorderly conduct.”
In a dissenting opinion, Justice Patricia Cotter said McGinnis was to blame for escalating the incident by challenging Robinson to further conversation.
“Had McGinnis let it go and driven on once the light turned green, the two men would never have faced off on the street,” Cotter said.