Legal Opinion · Dissent

Price v. State

Indiana Supreme Court

Decided November 1, 1993No. 49S02-9311-CR-1197Published

1DissentDickson, Justice

The essence of the majority opinion is that a person facing arrest who protests by screaming vulgar profanities into the face of an arresting officer does not violate Indiana’s disorderly conduct statute prohibiting unreasonable noise. I strenuously disagree. In an apparent desire to give vitality to Art. 1, § 9, of the Indiana Constitution independent of its federal counterpart, the majority has chosen an ill-suited case and formulated a strained rationale. Today’s decision is contrary to the inten*968tions and values of those who framed and ratified our constitution.

The majority’s conclusion…

2Cases cited6 opinions

  1. Bayh v. SonnenburgIndiana Supreme Court · 1991
  2. Tucker v. StateIndiana Supreme Court · 1941
  3. Bishop v. State ex rel. GrinerIndiana Supreme Court · 1898
  4. Kirkpatrick v. KingIndiana Supreme Court · 1950
  5. McAnalley v. StateIndiana Supreme Court · 1987

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