Legal Question in Criminal Law in Maryland

Despite the fact that free speech is an extremely important Constitutional right, certain behaviors, even in a public forum speech can't be limitless. It depends on what was said and done.

Yes, and possibly charged with disorderly conduct or contempt.

The right to freely express yourself is something that distinguished our country from many others. This is especially clear in light of the recent events around the world, where the simple act of peaceful protest is resulting in death and violence. That being said, even in the United States, there are limits to what can be expressed and how that expression may be made.

In your question, you state that the behavior was "outrageous." I'm not sure if that is intentional, but it leads me to believe that the expression in question was, at the very least, "pushing the envelope" of what is deemed acceptable.

Without more information specific to your situation, it is difficult to determine whether the expression was acceptable or if it crossed the line. Even then, wars have been fought over differences of opinion as to what forms of expression should be allowed and what should be deemed too dangerous and likely to incite violence.

A good starting point on this topic is to apply your common sense to the situation. Viewing a particular situation in the light most favorable to the goal of free expression, ask yourself if it seems to cross the line. Another way to look at it, and what much of the case law on this subject states, is to ask yourself if limiting the expression is the least intrusive wey to ensure public safety or meet some important societal goal. If the government's attempt to limit the expression is too "heavy-handed" and there are less onerous ways of accomplishing the same goal, the denial is likely to be unconstitutional.

This is a very complex topic that remains at the heart of Supre Court deliberations to this day. If you or someone you know has been arrested and charged because of something they did or said, in the name of free expression, give me a call and I would be happy to discuss the matter in more detail.

I can be reached at (410) 653-0065 or you can visit our website at www.marcsnyderlaw.com.

Good Luck!