Disorderly Conduct Case Study
Whether the defendant's speech constituted disorderly conduct or was protected by the First Amendment.
The court reversed the disorderly conduct conviction, finding that the defendant's speech — though offensive and disruptive — was protected by the First Amendment. The court held that disorderly conduct cannot be based solely on the content of speech, and that the government must prove that the speech created a clear and present danger of imminent lawless action.
The First Amendment is a powerful defense to disorderly conduct charges based on speech. D.J. Rivera challenges disorderly conduct charges by arguing that the defendant's conduct was protected speech — not fighting words, incitement to imminent lawless action, or a true threat. Many disorderly conduct charges based on speech are constitutionally infirm.
This case involves § 18.2-415 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
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