State v. Liebenguth
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The Supreme Court reversed the judgment of the Appellate Court concluding that Defendant's conviction of breach of the peace in the second degree must be reversed because the First Amendment barred his prosecution for the statements at issue, holding that Defendant's remarks were unprotected fighting words, and therefore, his conviction did not violate the First Amendment.
At issue were Defendant's "vulgar and racially charged" remarks that included utterances of the words "fucking niggers" directed at an African-American parking enforcement official following Defendant's receipt of a parking ticket. As a result of this conduct, Defendant was convicted of breach of the peace in the second degree. The Appellate Court reversed, concluding that Defendant's speech was constitutionally protected. The Supreme Court reversed, holding that the Appellate Court erred in concluding that Defendant's language did not constitute fighting words.
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