Legal Question in Criminal Law in Colorado

abusive laguage

how do you argue against the charge of abusive language, don't we americans have the right to free speech also to get mad from time to time?


Asked on 8/11/08, 12:11 pm

2 Answers from Attorneys

Philip Rosmarin Rosmarin Law Firm

Re: abusive laguage

You argue that the alleged offense doesn't meet the meaning or the language of the statute.

Not all speech is protected by the Constitution. You can't, for example, lie under oath, or shout "Fire!" in a theater, or yell "Let's kill whitey!"

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Answered on 8/11/08, 12:54 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: abusive laguage

Some speech is not "protected free speech". But, argue that the statute, by its language, is unconstitutionally vague or overbroad. You need the exact language of the statute.

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Answered on 8/11/08, 6:47 pm


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