Section 1983 Litigation: Jury Instructions
The defendant police officers claim they had probable cause to arrest the plaintiff for obstructing a police officer in the conduct of his lawful duties. The parties agree that when police officer Doe attempted to arrest the plaintiff, the plaintiff called the officer [words].
The First Amendment protects a significant amount of verbal criticism, challenges, and even profanity directed as police officers. The freedom of individuals to verbally oppose police action without risking arrest is one of the principal characteristics by which we distinguish a free society from a police state.
Speech, even if provocative, is protected by the First Amendment unless it is shown likely to produce serious harm to government operations. This harm must be far more than mere inconvenience, annoyance or unrest.
The plaintiff’s speech in this case, while perhaps vulgar and offensive to some, was protected by the First Amendment unless you the jury, find, under all of the circumstances, that they constituted "fighting words." By fighting words the law means face-to-face epithets that are likely to provoke the average person to anger and a breach of the peace. In considering whether the plaintiff’s language directed at the police officer constituted fighting words, you may take into account the fact that a properly trained police officer may reasonably be expected to exercise a higher degree of restraint than an average citizen, and thus be less likely to respond belligerently to fighting words than other persons.
[legal attributions cited]
http://books.google.com/books?id=ZL...&oi=book_result&resnum=10&ct=result#PPT381,M1