Legal Opinion
Mattie Hammond v. The Honorable Richard B. Adkisson, Pulaski County, Arkansas, Circuit Judge, and Monroe Love, Pulaski County, Arkansas, Sheriff
Court of Appeals for the Eighth Circuit
Decided June 30, 1976No. 75-1977PublishedCited by 19 opinions
1Opinion of the Court
LAY, Circuit Judge.
Petitioner Mattie Hammond appeals from denial of a writ of habeas corpus by the federal district court. She was convicted under Ark.Stat.Ann. § 41-1412, 1 which prohibits:
use of any profane, violent, vulgar, abusive or insulting language . . . calculated to arouse to anger the person . addressed, or to cause a breach of the peace or an assault.
Petitioner challenges the constitutionality of the statute as applied to her. 2 She argues that the words she spoke were not “fighting words” in that they were not likely under the circumstances to provoke violent retaliation from the…
2Cases cited15 opinions
- Chaplinsky v. New HampshireSupreme Court of the United States · 1942
- Cohen v. CaliforniaSupreme Court of the United States · 1971
- Cox v. LouisianaSupreme Court of the United States · 1965
- Gooding v. WilsonSupreme Court of the United States · 1972
- Terminiello v. ChicagoSupreme Court of the United States · 1949
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3Cited by19 opinions
- E.J. Wilson, Dearest Davis, and Cassandra Linder, Plaintiffs v. Roland AttawayCourt of Appeals for the Eleventh Circuit · 1985
- State v. John W.Supreme Judicial Court of Maine · 1980
- State v. AutheletSupreme Court of Rhode Island · 1978
- State v. AutheletSupreme Court of Rhode Island · 1978
- State v. BaccalaSupreme Court of Connecticut · 2017
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