Is disrespect towards a police officer a crime?

A person pulled over for speeding displays contempt, directing obscenities at the police officer who asks for his driver’s license. As the driver hands his license over, he continues to be disrespectful and bark out profanity. Can the police officer arrest the driver for disorderly conduct or is the speech protected under the First Amendment? Arizona Revised Statute §13-2904 prohibits the use of “abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person.” However, a person has a right to free speech. This right includes the right to engage in offensive expression and criticism of government officials. However, all speech is not protected. The law prohibits the use of “fighting words,” those words that would likely provoke immediate physical retaliation. When interacting with a police officer, what are “fighting words” and what is considered free speech? In deciding, the courts have looked at the position of a police officer, who is trained to deal with the public in very stressful situations, and is trained to remain calm. Yelling “fuck you all” at a police officer; stating “I’m tired of this God damned police sticking their nose in shit that doesn’t even involve them;” and calling the police officer a “son of a bitch,” have all been held as protected speech by various U.S. courts. However, referring to the police officer as a “white, racist motherfucker” and wishing his mother would die and referring to the police officer as a “fucking asshole” and then attempting to spit on the officer have been declared “fighting words,” not protected by the First Amendment.

While the display of an attitude towards a police officer is not going to get you out of a speeding ticket, neither should it land you in jail, as long as your speech is not considered “fighting words.” For more information on issues affecting Arizona criminal defense, please visit my website at www.win-law.com.