Legal Question in Constitutional Law in Maryland

Calling cop a foul name

Am I constitutionally protected in calling a police officer a ''cocksucker'' as I drive by him (even though I didn't, but that would be hard to prove)? He pulled me over and charged me with reckless driving even though my driving was fine, but of course, he had to get me with something. Is there a way I can find out, in advance of the trial, exactly what elements of the reckless driving law he claims I broke? Is that called Discovery? Is there any case law, that you know of, that deals with similar issues? Thanks in advance.


Asked on 9/27/02, 12:38 am

1 Answer from Attorneys
Terry Harris Law Offices of Terry J. Harris

Re: Calling cop a foul name

Your free speech rights are such that you would be arguably "constitutionally protected" in calling an officer a foul name. The situation you describe comes dangerously close to "fighting words" which are not protected. Moreover, such behavior could easily be characterized as disorderly conduct. Such behavior while driving shows signs of recklessness (a driver's attention is clearly not on the road while he's yelling at a cop. It could be interpreted to be "in a manner that indicates a wanton or willful disregard for the safety of persons or property." Section 21-901.1) There is a lot of law on the subject, and you should maybe contact an attorney to go through it with you. A reckless driving conviction is not something to fool around with.

You are right that you are entitled to "discovery" to the extent there is information tending to "negate or mitigate" the guilt or punishment. In a case such as this, there's probably only a one-page police report that probably won't have such information on it.

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Answered on 9/27/02, 9:32 am


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