Legal Question in Criminal Law in Minnesota

disorderly conduct

In a rage, I kicked a very gory

abortion protester's sign. It was a

bloody fetus. Could there be a legal

reason the sign should not have been

displayed? It could upset children,

the women going in the clinic...I

realize my action was illegal, but I

feel the sign was not suitable for

public display. Anything you could

tell me would be appreciated. Thank

you.


Asked on 6/05/08, 7:37 pm

2 Answers from Attorneys
Tim Webb Timothy D. Webb, Criminal Defense

Re: disorderly conduct

Whether such images are protected by (First Amendement) free speech has been the subject of some debate. The issues is whether such images can constitute "fighting words", which is a narrow exception to the rights under the First Amendment that everyone enjoys.

That said, this is not going to be a legal defense to you in a disorderly conduct case. However, with the right jury, it may become a jury nullification issue.

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Answered on 6/06/08, 11:42 am
Thomas C. Gallagher Gallagher Criminal Defense

Re: disorderly conduct

The most important factors in winning such a case generally are: a strong will to win, and a good lawyer to work hard and help you win. A good analogy might be rock climbing. From the bottom of the cliff, it looks impossible. But if you are determined, usually there is a way to the top. From the top, it seems quite possible!

The premises of the question, if said to police, could amount to a confession. I have worked quite long, on many, many cases, to get confessions suppressed by a court, and often successfully. It would help a lot to get that confession suppressed from trial evidence.

Most importantly, get a good criminal lawyer. Call me if you like.

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Answered on 6/06/08, 5:19 pm


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