State v. Robinson
Montana Supreme Court
1Opinion of the CourtJustice Leaphart
¶1 Malachi Cody Robinson was arrested for disturbing the peace after yelling unprovoked obscenities at a police officer while on a crowded street. Robinson filed a motion to dismiss on the basis that what he said was protected speech under the First Amendment of the United States Constitution. The District Court denied Robinson’s motion, concluding that Robinson’s statements did not constitute protected speech but rather were “fighting words.” Robinson appeals. We affirm.
ISSUE
¶2 The issue on appeal is whether the District Court erred in denying Robinson’s motion to dismiss by concluding that…
2Cases cited9 opinions
- Chaplinsky v. New HampshireSupreme Court of the United States · 1942
- City of Houston v. HillSupreme Court of the United States · 1987
- People v. DunlapSupreme Court of Colorado · 1999
- Gerald Freeman v. Michael P. LaneCourt of Appeals for the Seventh Circuit · 1992
- United States v. Nolan L. PoochaCourt of Appeals for the Ninth Circuit · 2001
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