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W.L. v. State

District Court of Appeal of Florida, Third District
Oct 18, 2000
769 So. 2d 1132 (Fla. Dist. Ct. App. 2000)

Summary

holding that where the juvenile yelled profanities at the officers, which did not incite a breach of the peace, the words were “pure speech,” protected by the First Amendment, which could not constitute disorderly conduct

Summary of this case from K.M.B. v. State

Opinion

Case No. 3D00-93

Opinion filed October 18, 2000. July Term, A.D. 2000

An Appeal from the Circuit Court for Dade County, James Henderson, Judge; Lower Tribunal No. 99-8707.

Bennett H. Brummer, Public Defender, and Robert Godfrey and Michael Walsh, Assistant Public Defenders, for appellant.

Robert A. Butterworth, Attorney General, and Lisa A. Rodriguez, Assistant Attorney General, for appellee.

Before JORGENSON, COPE, and GODERICH, JJ.


Respondent appeals from an adjudication of delinquency and a sentence of community control. For the following reasons, we reverse.

Miami-Dade police officers were conducting a narcotics investigation when they encountered a group of 15-20 people within a 10-15 foot area. Respondent was standing in the group with four other juveniles, and was not doing anything unlawful. The officers approached W.L. and demanded identification (name and date of birth) to fill out a field card. W.L. did not try to flee; he did yell out a series of profanities at the police.

Nothing was thrown at the officers; no member of the crowd threatened the officers. Although the officers testified that they feared for their safety, they did not call for backup. The officers arrested W.L. for disorderly conduct.

At his hearing, W.L. argued that his words alone were protected by the First Amendment to the United States Constitution. He argued that although the words were admittedly profane and offensive, they did not incite a breach of the peace. Respondent moved twice for a judgment of acquittal on these grounds; both times the court denied his motion. He was adjudicated delinquent, sentenced to community control, and now appeals. We reverse.

Respondent was "punished simply for asserting his right to free speech in what the police considered — and what may well have been — an offensive manner. But the constitution does not permit that result." L.A.T. v. State, 650 So.2d 214, 217 (Fla. 3d DCA 1995). "As we all know, `[t]he freedom of individuals to oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state.'" Id. (quoting City of Houston v. Hill, 482 U.S. 451, 462-63 (1987)).

Respondent never physically interfered with the police, never physically threatened them in any manner, and never impeded the execution of their legal duty. The conduct for which respondent was punished was pure speech, and is thus protected by the First Amendment. Compare K.G. v. State, 338 So.2d 72, 74 (Fla. 3d DCA 1976) ("the actions of the juvenile in biting and striking the arresting officers and in obstructing the execution of their legal duty" supported adjudication of delinquency) and L.A.T., 650 So.2d 214, 218 ("nothing in the First Amendment protects a person who, under the guise of verbally protesting another's arrest, interferes with a police officer's lawful arrest of a third party.") (Hubbart, J., concurring).

REVERSED.


Summaries of

W.L. v. State

District Court of Appeal of Florida, Third District
Oct 18, 2000
769 So. 2d 1132 (Fla. Dist. Ct. App. 2000)

holding that where the juvenile yelled profanities at the officers, which did not incite a breach of the peace, the words were “pure speech,” protected by the First Amendment, which could not constitute disorderly conduct

Summary of this case from K.M.B. v. State

holding that where the juvenile yelled profanities at the officers, which did not incite a breach of the peace, the words were "pure speech," protected by the First Amendment, which could not constitute disorderly conduct

Summary of this case from K.M.B. v. State

holding that profane and offensive speech directed to officers is protected under the First Amendment to the United States Constitution

Summary of this case from H.A.P. v. State

reversing finding of delinquency for disorderly conduct where the child, who was standing in a group of 15-20 people, yelled out a series of profanities at the police when officers approached him and demanded identification

Summary of this case from C.H.C. v. State

reversing finding of delinquency for disorderly conduct where the child, who was standing in a group of 15-20 people, yelled out a series of profanities at the police when officers approached him and demanded identification

Summary of this case from C.H.C. v. State

noting that it was not disorderly conduct for a juvenile to stand in a crowd of 15-20 people, yelling profanities at the police

Summary of this case from C.N. v. State
Case details for

W.L. v. State

Case Details

Full title:W.L., Appellant, vs. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Oct 18, 2000

Citations

769 So. 2d 1132 (Fla. Dist. Ct. App. 2000)

Citing Cases

H.A.P. v. State

See City of Houston v. Hill, 482 U.S. 451 (1987). As the law is clear that offensive speech cannot…

Macon v. State

Words alone generally will not support a conviction for disorderly conduct. See W.L. v. State, 769 So.2d 1132…