Supreme Court turns a deaf ear to cussing case

Published 9:00 pm Monday, May 3, 2004

WASHINGTON – The Supreme Court, sidestepping a dispute over cussing, refused Monday to consider whether a Montana man’s foul language to a law enforcement officer was free speech protected by the Constitution.

The man, Malachi Robinson, was walking down the street about midnight four years ago when he called the Missoula county deputy in a nearby squad car a “(expletive) pig.” The deputy got out and confronted Robinson, who uttered another expletive at the officer.

His swearing earned Robinson a $50 fine for disorderly conduct. He was also sentenced to 10 days in jail, but the judge suspended that.

Justices declined without comment to review his appeal. Their refusal does not address the merits of the issue.

“The First Amendment ought to protect citizens who criticize officials, even if it’s in a crude manner, as long as there was no threat involved,” Robinson’s attorney, Jeffrey Fisher of Seattle, said in an interview.

Fisher said while the comments may have been “crude, obnoxious and offensive,” they did not rise to the level of threatening “fighting words” unprotected by the First Amendment.

Fisher said courts around the country are divided over what constitutes “fighting words,” and that without clarification from the Supreme Court some people could be unfairly targeted.

A criminal lawyers’ group urged the court to hear the case of Robinson, who did not have enough money to pay the standard fees in his Supreme Court appeal.