Legal Opinion
State v. David Tracy
Supreme Court of Vermont
Decided August 28, 2015No. 2014-055PublishedCited by 21 opinions
1Opinion of the Court
¶ 1.
Robinson, J.
Defendant David Tracy was convicted of disorderly conduct by “abusive . . . language,” 13 V.S.A. § 1026(a)(3), following a heated exchange with his daughter’s basketball coach. The trial court, following a bench trial, concluded that defendant’s language was not protected by the First Amendment to the United States Constitution because it constituted “fighting words.” On appeal, defendant argues that the “abusive language” prong of Vermont’s disorderly-conduct statute is over-broad and impermissibly chills a substantial amount of constitutionally protected speech without…
2Cases cited41 opinions
- Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
- Cantwell v. ConnecticutSupreme Court of the United States · 1940
- National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Chaplinsky v. New HampshireSupreme Court of the United States · 1942
36 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. BaccalaSupreme Court of Connecticut · 2017
- State of Vermont v. Christian J. NollSupreme Court of Vermont · 2018
- Matter of Welfare of A. J. B.Supreme Court of Minnesota · 2019
- State v. Rebekah S. VanBurenSupreme Court of Vermont · 2019
- State v. William SchenkSupreme Court of Vermont · 2018
16 more not listed; retrieve them via the Exa API.