bloodrayne
05-29-2005, 02:57 PM
Teen's Rant At Cop: Profane, But Free Speech
Appeals court overturns disorderly-conduct conviction.
Indiana - A 15-year-old boy who shouted profanities at a police officer during an investigation was exercising his right to free speech, the Indiana Court of Appeals has found.
The court unanimously overturned the youth's juvenile conviction in Marion Superior Court for disorderly conduct, finding that his remarks protesting an officer's treatment of a companion were permissible under the Indiana Constitution.
In June 2004, police responded to a report of juveniles spray-painting graffiti on a garage. An officer found the youth and his companion sitting in the back seat of a vehicle and told them to put their hands up.
But the youth's companion let his hands drop. "(Expletive) you!" the youth reportedly told the officer. "He can't keep his arms up -- his arms hurt."
The officer ordered him to stop yelling, but the youth continued shouting after he and his companion were removed from the vehicle, police said.
"You guys are all racists; Fuck the police," the youth said.
Because he was a juvenile, the court opinion referred to him as "U.M." rather than using his name.
"Although we do not agree with the manner in which U.M. conducted himself . . . U.M. was expressing himself regarding the legality and appropriateness of police conduct toward his companion," appellate court Senior Judge George B. Hoffman Jr. wrote.
Legal experts say that while free speech does not permit someone to obstruct police or sway others to violence, protection does extend to someone whose words merely offend.
An expert in constitutional law said the appeals court decision was consistent with other interpretations of free speech.
"The core of First Amendment freedom is the right to criticize the state in the exercise of political power," said Andrew Koppelman, a Northwestern University law professor. "The idea is that you can't have a democracy if government gets to shut down people who are criticizing" it.
The youth's attorney was unavailable for comment Friday, and the Indiana attorney general's office declined to comment.
The state filed a petition alleging the youth to be a delinquent child. A juvenile court found he committed disorderly conduct, which would be a misdemeanor if committed by an adult.
But the appellate court in its decision Thursday agreed with the youth's position that police could not charge him with disorderly conduct simply for criticizing the officer's behavior. The opinion did not identify the police agency involved.
A spokeswoman for the Indianapolis Police Department said officers have learned to deal with verbal abuse but warned that it can't cross the line.
"By nature we do have to have thick skins, and I think most of us do," Sgt. Judy Phillips said. "We understand that there's people out there who have that mentality or feel like we could be out to get them.
"But when they take it to the level of being disorderly and inciting crowds or such, that's the concern that we have."
Though the state argued that the youth had abused his right of free speech, the appeals court found his comments caused no true harm.
The court cited a section of the state constitution that says "no law shall be passed restraining the free interchange of thought and opinion, or restricting the right to speak."
David Orentlicher, an Indiana University law professor and Democratic state representative from Indianapolis, said words alone do not give police license to punish people who fault their actions.
"You can't have a free society if people aren't allowed to criticize authority," Orentlicher said.
Appeals court overturns disorderly-conduct conviction.
Indiana - A 15-year-old boy who shouted profanities at a police officer during an investigation was exercising his right to free speech, the Indiana Court of Appeals has found.
The court unanimously overturned the youth's juvenile conviction in Marion Superior Court for disorderly conduct, finding that his remarks protesting an officer's treatment of a companion were permissible under the Indiana Constitution.
In June 2004, police responded to a report of juveniles spray-painting graffiti on a garage. An officer found the youth and his companion sitting in the back seat of a vehicle and told them to put their hands up.
But the youth's companion let his hands drop. "(Expletive) you!" the youth reportedly told the officer. "He can't keep his arms up -- his arms hurt."
The officer ordered him to stop yelling, but the youth continued shouting after he and his companion were removed from the vehicle, police said.
"You guys are all racists; Fuck the police," the youth said.
Because he was a juvenile, the court opinion referred to him as "U.M." rather than using his name.
"Although we do not agree with the manner in which U.M. conducted himself . . . U.M. was expressing himself regarding the legality and appropriateness of police conduct toward his companion," appellate court Senior Judge George B. Hoffman Jr. wrote.
Legal experts say that while free speech does not permit someone to obstruct police or sway others to violence, protection does extend to someone whose words merely offend.
An expert in constitutional law said the appeals court decision was consistent with other interpretations of free speech.
"The core of First Amendment freedom is the right to criticize the state in the exercise of political power," said Andrew Koppelman, a Northwestern University law professor. "The idea is that you can't have a democracy if government gets to shut down people who are criticizing" it.
The youth's attorney was unavailable for comment Friday, and the Indiana attorney general's office declined to comment.
The state filed a petition alleging the youth to be a delinquent child. A juvenile court found he committed disorderly conduct, which would be a misdemeanor if committed by an adult.
But the appellate court in its decision Thursday agreed with the youth's position that police could not charge him with disorderly conduct simply for criticizing the officer's behavior. The opinion did not identify the police agency involved.
A spokeswoman for the Indianapolis Police Department said officers have learned to deal with verbal abuse but warned that it can't cross the line.
"By nature we do have to have thick skins, and I think most of us do," Sgt. Judy Phillips said. "We understand that there's people out there who have that mentality or feel like we could be out to get them.
"But when they take it to the level of being disorderly and inciting crowds or such, that's the concern that we have."
Though the state argued that the youth had abused his right of free speech, the appeals court found his comments caused no true harm.
The court cited a section of the state constitution that says "no law shall be passed restraining the free interchange of thought and opinion, or restricting the right to speak."
David Orentlicher, an Indiana University law professor and Democratic state representative from Indianapolis, said words alone do not give police license to punish people who fault their actions.
"You can't have a free society if people aren't allowed to criticize authority," Orentlicher said.