Rev. Al Sharpton: Swearing Isn't A Crime

Rev. Al Sharpton says police had no reason to arrest his ex-wife and daughter after they swore at officers during a Harlem traffic stop last month. In a message spanning three consecutive Tweets, the president of the National Action Network said police erred in cuffing Kathy Jordan and Dominique Sharpton: "The court hearing on the traffic arrest of kathy and dominique got some media attention. Now the police says they cursed at them. One Problem with the new police story. It is not illegal to question a traffic ticket or even use profanity. They deny using profanity and I Don't condone cursing at police. However people have the right to question a traffic ticket. This is absurd."

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By Ben Muessig in News on December 1, 2009 3:50 PM

Comments [rss]

potsmoker

good point jay,

theres someone who can google a law, and say its justified by uses abusive or obscene language in a public place, or makes an obscene gesture in a public place, however its rarely adjudicated. all it takes is one person to continue the fight all the way up as far as it will go but the way the system works is someone would plead out or those charges will be dropped or justified based on one of the other 6 provisions.

what happens is that the cops will sit there for hours and write up a report that generalizes all 7 clauses based on one simple incident.

Chillinoncentral

All of this hyped justification (and covert encouragement) for cursing at cops offers an unbelievably deficient reflection on our society.

theLtrain

Even if it isn't illegal it's common sense not to curse and scream at the cops.

felixthecat2

Yes. Also if you curse them privately works also since there is no public to disturb.

jaycjay

Good discussion of a similar recent case in which the ruling comes down to that swearing at a cop (or anyone else) can be charged as disorderly conduct under § 240.20 dependent upon the intent of the defendant to create a disturbance, and that whether the actions actually did create a public disturbance is irrelevant:

http://www.newyorkcriminallawyerblog.com/2009/10/disorderly_conduct_in_ny_reckl_1.html

jaycjay

The point of that, perhaps, is that you can curse at a cop or even call him names if you do so quietly and calmly. In fact, there was a case a few years ago in which a lawyer called a court officer a 'prick' and was arrested for disorderly conduct. He later successfully sued NYS for false arrest, and won the case because his comment was made in a "conversational tone."

And... found that one here:

http://www.law.com/jsp/article.jsp?id=1202432495822

felixthecat2

great link

jaycjay

I meant that to say "only if you do so quietly and calmly."

Snoopy

I am truly shocked that the daughter and former wife of a man of the cloth would say such things. Say it ain't so Rev Al.

Mr Mel

Oh it be so. Sharpton has made a career of baiting cops. That's how he gets his followers. His kids were weaned on this.

Chillinoncentral

Of course swearing is not a crime! But, sustained vulgarity coming from the reverend's family members speaks volumes of the household's condoned environment.

dilligaf

I truly hate this animal. He makes me sick

theevilone

New York State Penal Law Section 240.20:

§ 240.20 Disorderly conduct.

A person is guilty of disorderly conduct when, with intent to cause

public inconvenience, annoyance or alarm, or recklessly creating a risk

thereof:

1. He engages in fighting or in violent, tumultuous or threatening

behavior; or

2. He makes unreasonable noise; or

3. In a public place, he uses abusive or obscene language, or makes an

obscene gesture; or

4. Without lawful authority, he disturbs any lawful assembly or

meeting of persons; or

5. He obstructs vehicular or pedestrian traffic; or

6. He congregates with other persons in a public place and refuses to

comply with a lawful order of the police to disperse; or

7. He creates a hazardous or physically offensive condition by any act

which serves no legitimate purpose.

Disorderly conduct is a violation.

felixthecat2

You can't be arrested for cursing at an officer but if there are people around offended by your language and complain then you can be arrested. but the officer can't arrest you for cursing at him.

hotstepper

keep those rabid bitches on a leash Al.

felixthecat2

Norman Siegel, a former executive director of the New York Civil Liberties Union, said that courts had ruled that a person cannot be arrested or given a summons just for swearing at an officer, however undesirable the language might be.

“It’s legally protected, and I advise people not to curse at anyone, including police officers, but if you do, it’s not grounds for an arrest,” Mr. Siegel said. Paul J. Browne, the police spokesman, concurred.

theevilone

It may not be illegal to swear, but if you continue to yell, swear, etc. after being asked to calm down, then you can get hit with disorderly conduct.

NannyState

Awesome. Now we can call Sharpton anything...it's legal!

kleinpeter

Sure it is... it's called disorderly conduct. Maybe if more people got arrested for it, maybe people would have better manners when it comes to dealing with each other.