Question

This week’s discussion forum was prompted by a local (well, local if you’re here in Michigan) event that raises free speech issues. As explained in the USA Today article, “Cursed? Teen Gets $200 Ticket for Playground Profanity”:

“Colin Andersen, 19, was hanging out with his friends on a sunny April day in a parking lot next to a pavilion at the Imagination Station play area when his friend was ticketed for skateboarding in downtown Brighton and told to leave. Andersen said he was simply venting when he said, "This is f------ bull----." He said he swore under his breath and no children heard him. However, a Brighton Police Department officer heard him and issued him a ticket for disorderly conduct.”

In your opinion, does the ticket in question violate Andersen’s right to free speech? What type of speech has the court deemed protected and unprotected? Do you think this is an example of protected or unprotected speech? Why?

Answer 1

The offensive words of Anderson don't fall under "obscenity" or "fighting words", the two categories defined by the US constitution as the ones which are unprotected speeches under first amendment, under which the case might fall. The oher categories viz. defamation, child pornography, perjury, blackmail,Incitement to imminent lawless action, true threats and incitement to commit crime are different in nature and are not connected to the matter.

The words, though unacceptable in any civilised society, had no intention to spread obscenity on the part of the person who uttered them, and was purely a result of extreme frustration and subsequent venting of anger. In this way, the speech does not come under unprotected speech, and the incident violates the freedom of speech of the person in case.