Freedom of speech is protected under the First Amendment
Posted on: September 21, 2016 at 11:21:01 CT
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to the United States Constitution, so non-threatening verbal "abuse" of a police officer is not in itself criminal behavior,[14][15][16] though some courts have disagreed on what constitutes protected speech in this regard.[17][18] The United States Supreme Court ruled in 1942 that fighting words that "tend to incite an immediate breach of the peace" are not protected speech, but later cases have interpreted this narrowly,[19] especially in relation to law enforcement officers.[20] In 2013, a federal appeals court ruled that giving the finger "alone cannot establish probable cause to believe a disorderly conduct violation has occurred".[21]