F_Word__Word - Court Backs Charge Against Canyon Man For...

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Court Backs Charge Against Canyon Man For Using "F-word" Judges split; majority opinion says outburst not protected speech By Bob Fick - The Associated Press The Idaho Statesman • Idahostatesman.com September 5, 2001 A divided Idaho Court of Appeals on Tuesday upheld the misdemeanor conviction of a Canyon County man for disturbing the peace by using an obscene four letter word to express his exasperation after getting no help from a sheriffs deputy. The court split over whether the statement was protected speech under the First Amendment. "Such a personally provocative epithet, delivered in the manner and setting here, cannot be reasonably interpreted as the communication of information or opinion safeguarded by the constitution," Judge Darrel Perry wrote in the majority opinion. But in a rare dissent among the usually unanimous three-judge panel, judge Karen Lansing said that while the use of the common obscenity is insulting, it was not enough to provoke someone to violence or to significantly disrupt the activity or routine of others as required for a disturbing the-peace conviction.
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  • Fall '11
  • Parks
  • Supreme Court of the United States, First Amendment to the United States Constitution, majority opinion, PATRICK SHELDON SUITER, Judge Joel Horton, disturbing the-peace conviction

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