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	<title>Comments on: The Right to Be Profane:  South Dakota Supreme Court Upholds Right to Swear At Police</title>
	<atom:link href="http://jonathanturley.org/2009/01/04/the-right-to-be-profane-south-dakota-supreme-court-upholds-right-to-swear-at-police/feed/" rel="self" type="application/rss+xml" />
	<link>http://jonathanturley.org/2009/01/04/the-right-to-be-profane-south-dakota-supreme-court-upholds-right-to-swear-at-police/</link>
	<description>Res ipsa loquitur (&#34;The thing itself speaks&#34;)</description>
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		<title>By: daveclementsusa</title>
		<link>http://jonathanturley.org/2009/01/04/the-right-to-be-profane-south-dakota-supreme-court-upholds-right-to-swear-at-police/#comment-307356</link>
		<dc:creator><![CDATA[daveclementsusa]]></dc:creator>
		<pubDate>Tue, 27 Dec 2011 21:42:06 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=6822#comment-307356</guid>
		<description><![CDATA[I DON&#039;T HIDE I AM DAVE CLEMENTS SAYING FUCK THE POLICE!!!

ESPECIALLY THE NEW CASTLE COUNTY POLICE I SAY IT EVERYTIME ONE OF THOSE RACIST BASTARDS ASK ME WHAT I&#039;M DOING WHEN I&#039;M SIMPLY SITTING IN MY SUBURBAN YARD MINDING MY BUSINESS.
WHEN NECESSARY I TELL THEM GO FUCK YOURSELF AND GET THE FUCK OUT OF MY MUNICIPALITY AND I SAY IT TO THEIR FACE.
FUCK THE COUNTY PIGS TOO THAT SHOT MY UNARMED BROTHER IN THE BACK MULTIPLE TIMES. HE WAS NOT PLACED UNDER ARREST AND SIMPLY WALKED AWAY AS WITNESS STATED THE PIGS INSTRUCTED HIM TO DO, 43FT LATTER SHOTS RANG AND A PLANTED GUN SURFACES THAT CHANGED BLACK TO SILVER, IT&#039;S MAKE, MODLE AND CALIBER TOO CHANGED AT TRIAL.
IN FACT I KEEP 5 AND THEIR LOVED-ONES ON MY MIND EVERYDAY.
(THE RAIN IN SPAIN STAYS MAINLY IN THE PLANE!)]]></description>
		<content:encoded><![CDATA[<p>I DON&#8217;T HIDE I AM DAVE CLEMENTS SAYING FUCK THE POLICE!!!</p>
<p>ESPECIALLY THE NEW CASTLE COUNTY POLICE I SAY IT EVERYTIME ONE OF THOSE RACIST BASTARDS ASK ME WHAT I&#8217;M DOING WHEN I&#8217;M SIMPLY SITTING IN MY SUBURBAN YARD MINDING MY BUSINESS.<br />
WHEN NECESSARY I TELL THEM GO FUCK YOURSELF AND GET THE FUCK OUT OF MY MUNICIPALITY AND I SAY IT TO THEIR FACE.<br />
FUCK THE COUNTY PIGS TOO THAT SHOT MY UNARMED BROTHER IN THE BACK MULTIPLE TIMES. HE WAS NOT PLACED UNDER ARREST AND SIMPLY WALKED AWAY AS WITNESS STATED THE PIGS INSTRUCTED HIM TO DO, 43FT LATTER SHOTS RANG AND A PLANTED GUN SURFACES THAT CHANGED BLACK TO SILVER, IT&#8217;S MAKE, MODLE AND CALIBER TOO CHANGED AT TRIAL.<br />
IN FACT I KEEP 5 AND THEIR LOVED-ONES ON MY MIND EVERYDAY.<br />
(THE RAIN IN SPAIN STAYS MAINLY IN THE PLANE!)</p>
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		<title>By: Manitowoc Should Be Ashamed of This Planking Prosecution &#124;</title>
		<link>http://jonathanturley.org/2009/01/04/the-right-to-be-profane-south-dakota-supreme-court-upholds-right-to-swear-at-police/#comment-305655</link>
		<dc:creator><![CDATA[Manitowoc Should Be Ashamed of This Planking Prosecution &#124;]]></dc:creator>
		<pubDate>Fri, 23 Dec 2011 00:32:59 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=6822#comment-305655</guid>
		<description><![CDATA[[...] unfortunately, when people are &#8220;disrespectful&#8221; to police. Doing this is rude, but it is not a crime, an issue on which the ACLU and others have repeatedly won. Often this is on First Amendment [...]]]></description>
		<content:encoded><![CDATA[<p>[...] unfortunately, when people are &#8220;disrespectful&#8221; to police. Doing this is rude, but it is not a crime, an issue on which the ACLU and others have repeatedly won. Often this is on First Amendment [...]</p>
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		<title>By: Rick Thorne</title>
		<link>http://jonathanturley.org/2009/01/04/the-right-to-be-profane-south-dakota-supreme-court-upholds-right-to-swear-at-police/#comment-187474</link>
		<dc:creator><![CDATA[Rick Thorne]]></dc:creator>
		<pubDate>Sun, 26 Dec 2010 19:19:33 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=6822#comment-187474</guid>
		<description><![CDATA[Subject: Fwd: ED SCHULTZ...NATIONAL TALK HOST...DISABLED VET DENIED JUSTICE!

Please look at his webpage:

http://edschultz.invisionzone.com/index.php?showtopic=63544

MY MINISTRY:  http://web.mac.com/rthorne2/Site/TRUTH_REVEALED_MINISTRY.html]]></description>
		<content:encoded><![CDATA[<p>Subject: Fwd: ED SCHULTZ&#8230;NATIONAL TALK HOST&#8230;DISABLED VET DENIED JUSTICE!</p>
<p>Please look at his webpage:</p>
<p><a href="http://edschultz.invisionzone.com/index.php?showtopic=63544" rel="nofollow">http://edschultz.invisionzone.com/index.php?showtopic=63544</a></p>
<p>MY MINISTRY:  <a href="http://web.mac.com/rthorne2/Site/TRUTH_REVEALED_MINISTRY.html" rel="nofollow">http://web.mac.com/rthorne2/Site/TRUTH_REVEALED_MINISTRY.html</a></p>
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		<title>By: window cleaning Parker Colorado</title>
		<link>http://jonathanturley.org/2009/01/04/the-right-to-be-profane-south-dakota-supreme-court-upholds-right-to-swear-at-police/#comment-138406</link>
		<dc:creator><![CDATA[window cleaning Parker Colorado]]></dc:creator>
		<pubDate>Sat, 12 Jun 2010 13:59:19 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=6822#comment-138406</guid>
		<description><![CDATA[I like that]]></description>
		<content:encoded><![CDATA[<p>I like that</p>
]]></content:encoded>
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		<title>By: JP</title>
		<link>http://jonathanturley.org/2009/01/04/the-right-to-be-profane-south-dakota-supreme-court-upholds-right-to-swear-at-police/#comment-59164</link>
		<dc:creator><![CDATA[JP]]></dc:creator>
		<pubDate>Wed, 03 Jun 2009 03:16:46 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=6822#comment-59164</guid>
		<description><![CDATA[My response to the justices would be: &quot; Thank you for the ruling, now go fuck yourselves&quot;. 

Cops are people and should at least be allowed to swear back, maybe off duty at the suspect&#039;s jobs. Just follow them around at the jobsite yelling, &quot;Suck cock motherfucker...I fucking hate construction workers, plumbers, whatever.

I don&#039;t think people have the right to obstruct us from our duty. Yelling while we are performing a legal duty that you pay us for, and making us stop that duty to politely or unpolitely engage you is tyranny. 

Let&#039;s face it, cops can&#039;t win no matter what they do. Everyone knows how to do the job better. Armchair quarterbacks run the profession and no one really knows much about the job unless you count what is presented by TV/Film writers, journalists looking for a story and the self serving opions of liars...I mean lawyers.]]></description>
		<content:encoded><![CDATA[<p>My response to the justices would be: &#8221; Thank you for the ruling, now go fuck yourselves&#8221;. </p>
<p>Cops are people and should at least be allowed to swear back, maybe off duty at the suspect&#8217;s jobs. Just follow them around at the jobsite yelling, &#8220;Suck cock motherfucker&#8230;I fucking hate construction workers, plumbers, whatever.</p>
<p>I don&#8217;t think people have the right to obstruct us from our duty. Yelling while we are performing a legal duty that you pay us for, and making us stop that duty to politely or unpolitely engage you is tyranny. </p>
<p>Let&#8217;s face it, cops can&#8217;t win no matter what they do. Everyone knows how to do the job better. Armchair quarterbacks run the profession and no one really knows much about the job unless you count what is presented by TV/Film writers, journalists looking for a story and the self serving opions of liars&#8230;I mean lawyers.</p>
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		<title>By: shari</title>
		<link>http://jonathanturley.org/2009/01/04/the-right-to-be-profane-south-dakota-supreme-court-upholds-right-to-swear-at-police/#comment-41266</link>
		<dc:creator><![CDATA[shari]]></dc:creator>
		<pubDate>Fri, 27 Feb 2009 17:53:44 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=6822#comment-41266</guid>
		<description><![CDATA[I am the lead plaintiff in a class action lawsuit that is in the final draft stage, so I pretty much know when to get a class action lawyer.  I told a huge law firm and they actually congratulated me for finding the action.

Once in a while, I can hit the nail on the head.  I&#039;d also love to nail Google.  Google Finance has a blog, which unscrupulous hedge fund managers and unscrupulous CEOs use to hype stock.  I figured out what they were doing, and I used some rather pointed language.  Whoever it was I insulted, had an inside track at Google.  They locked me out of every Google owned site.  I can&#039;t post or read on any Google owned site.

Google does not have the exclusive right to make any subjective final decisions about what you can say in the World Wide Web.  They put themselves out to the entire world, then they want to stand back and go case by case, individually.  That violates the Equal Protection clause.

I put the CEO of Google on notice that he has 30 days to restore my access or he can come and tell it to a Federal judge.

It&#039;s one thing to run a blog about law, and another to actually drive to the courthouse and do something about it.  I may turn this over to my class action lawyers.]]></description>
		<content:encoded><![CDATA[<p>I am the lead plaintiff in a class action lawsuit that is in the final draft stage, so I pretty much know when to get a class action lawyer.  I told a huge law firm and they actually congratulated me for finding the action.</p>
<p>Once in a while, I can hit the nail on the head.  I&#8217;d also love to nail Google.  Google Finance has a blog, which unscrupulous hedge fund managers and unscrupulous CEOs use to hype stock.  I figured out what they were doing, and I used some rather pointed language.  Whoever it was I insulted, had an inside track at Google.  They locked me out of every Google owned site.  I can&#8217;t post or read on any Google owned site.</p>
<p>Google does not have the exclusive right to make any subjective final decisions about what you can say in the World Wide Web.  They put themselves out to the entire world, then they want to stand back and go case by case, individually.  That violates the Equal Protection clause.</p>
<p>I put the CEO of Google on notice that he has 30 days to restore my access or he can come and tell it to a Federal judge.</p>
<p>It&#8217;s one thing to run a blog about law, and another to actually drive to the courthouse and do something about it.  I may turn this over to my class action lawyers.</p>
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		<title>By: Mojo</title>
		<link>http://jonathanturley.org/2009/01/04/the-right-to-be-profane-south-dakota-supreme-court-upholds-right-to-swear-at-police/#comment-33514</link>
		<dc:creator><![CDATA[Mojo]]></dc:creator>
		<pubDate>Mon, 05 Jan 2009 21:08:26 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=6822#comment-33514</guid>
		<description><![CDATA[Well @#%&amp;!  This is the stupidest #%@&amp;* story I&#039;ve read all $#&amp;@*^ day!]]></description>
		<content:encoded><![CDATA[<p>Well @#%&amp;!  This is the stupidest #%@&amp;* story I&#8217;ve read all $#&amp;@*^ day!</p>
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		<title>By: jonolan</title>
		<link>http://jonathanturley.org/2009/01/04/the-right-to-be-profane-south-dakota-supreme-court-upholds-right-to-swear-at-police/#comment-33375</link>
		<dc:creator><![CDATA[jonolan]]></dc:creator>
		<pubDate>Mon, 05 Jan 2009 01:15:32 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=6822#comment-33375</guid>
		<description><![CDATA[Former Federal LEO,

In some states using profanity on a LEO is legally classed as Assault on a LEO! Scary, very scary.

Yeah, SD made the right call on this one.]]></description>
		<content:encoded><![CDATA[<p>Former Federal LEO,</p>
<p>In some states using profanity on a LEO is legally classed as Assault on a LEO! Scary, very scary.</p>
<p>Yeah, SD made the right call on this one.</p>
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		<title>By: Former Federal LEO</title>
		<link>http://jonathanturley.org/2009/01/04/the-right-to-be-profane-south-dakota-supreme-court-upholds-right-to-swear-at-police/#comment-33358</link>
		<dc:creator><![CDATA[Former Federal LEO]]></dc:creator>
		<pubDate>Sun, 04 Jan 2009 21:08:34 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=6822#comment-33358</guid>
		<description><![CDATA[Where, if anywhere, DO current LEOs get their training?  Clearly, profanity in this situation falls squarely within First Amendment rights.  

I learned at the Federal Law Enforcement Training Center in beautiful (cough!)  Glynco, GA that the public can say just about any word they want to an officer.  The Center used trained actors that spewed the foulest language at us while we were issuing them citations in very realistic professional scenarios.   I doubt that the ‘fighting words’ threshold is often crossed except involving officers who are completely ignorant of the primary tenets of the First Amendment.  

My personal demeanor with the public was simply to say yes ma’am and yes sir to people that I would not otherwise address with that courtesy outside of a LE situation.   

Kudos go to the South Dakota Supreme Court for making a reasonable decision.]]></description>
		<content:encoded><![CDATA[<p>Where, if anywhere, DO current LEOs get their training?  Clearly, profanity in this situation falls squarely within First Amendment rights.  </p>
<p>I learned at the Federal Law Enforcement Training Center in beautiful (cough!)  Glynco, GA that the public can say just about any word they want to an officer.  The Center used trained actors that spewed the foulest language at us while we were issuing them citations in very realistic professional scenarios.   I doubt that the ‘fighting words’ threshold is often crossed except involving officers who are completely ignorant of the primary tenets of the First Amendment.  </p>
<p>My personal demeanor with the public was simply to say yes ma’am and yes sir to people that I would not otherwise address with that courtesy outside of a LE situation.   </p>
<p>Kudos go to the South Dakota Supreme Court for making a reasonable decision.</p>
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		<title>By: Sam Thornton</title>
		<link>http://jonathanturley.org/2009/01/04/the-right-to-be-profane-south-dakota-supreme-court-upholds-right-to-swear-at-police/#comment-33343</link>
		<dc:creator><![CDATA[Sam Thornton]]></dc:creator>
		<pubDate>Sun, 04 Jan 2009 19:38:23 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=6822#comment-33343</guid>
		<description><![CDATA[Just a quibble. Telling cops to &quot;f**k off&quot; is not profanity, which has to do with irreverence toward the sacred, but an obscenity.]]></description>
		<content:encoded><![CDATA[<p>Just a quibble. Telling cops to &#8220;f**k off&#8221; is not profanity, which has to do with irreverence toward the sacred, but an obscenity.</p>
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		<title>By: Big Fella</title>
		<link>http://jonathanturley.org/2009/01/04/the-right-to-be-profane-south-dakota-supreme-court-upholds-right-to-swear-at-police/#comment-33313</link>
		<dc:creator><![CDATA[Big Fella]]></dc:creator>
		<pubDate>Sun, 04 Jan 2009 15:55:03 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=6822#comment-33313</guid>
		<description><![CDATA[I would think that context has a lot to do with deciding that certain speech may be &quot;fighting words&quot; and any self respecting, intelligent, pragmatic police officer, anywhere, should not be expected to receive such words, while on duty. and to consider them some sort of arrestable offense.  This is just a case of police exceeding their authority because their ego demands it.

While I don&#039;t recommend watching TV programs such as &quot;Cops&quot; or &quot;Speeders&quot;, et al, be made a habit by anyone, it is truly inspiring seeing some cop pull over some schmuck for a driving infraction, and the driver invariably heaps a boatload of profane, verbal abuse on the cop.  All the while the cop calmly writes out a citation and calmly and civilly explains why he is issuing it.  Human behavior at its worst and its best.]]></description>
		<content:encoded><![CDATA[<p>I would think that context has a lot to do with deciding that certain speech may be &#8220;fighting words&#8221; and any self respecting, intelligent, pragmatic police officer, anywhere, should not be expected to receive such words, while on duty. and to consider them some sort of arrestable offense.  This is just a case of police exceeding their authority because their ego demands it.</p>
<p>While I don&#8217;t recommend watching TV programs such as &#8220;Cops&#8221; or &#8220;Speeders&#8221;, et al, be made a habit by anyone, it is truly inspiring seeing some cop pull over some schmuck for a driving infraction, and the driver invariably heaps a boatload of profane, verbal abuse on the cop.  All the while the cop calmly writes out a citation and calmly and civilly explains why he is issuing it.  Human behavior at its worst and its best.</p>
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		<title>By: rcampbell</title>
		<link>http://jonathanturley.org/2009/01/04/the-right-to-be-profane-south-dakota-supreme-court-upholds-right-to-swear-at-police/#comment-33308</link>
		<dc:creator><![CDATA[rcampbell]]></dc:creator>
		<pubDate>Sun, 04 Jan 2009 14:07:33 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.org/?p=6822#comment-33308</guid>
		<description><![CDATA[Yer darn tootin&#039; we have the right to swear at cops!]]></description>
		<content:encoded><![CDATA[<p>Yer darn tootin&#8217; we have the right to swear at cops!</p>
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