STATE v. SUHN

No. 24817.

759 N.W.2d 546 (2008)

2008 SD 128

STATE of South Dakota, Plaintiff and Appellee, v. Marcus J. SUHN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 30, 2008.


Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Ann C. Meyer, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Robert G. Fite of Fite & Pierce Law Office, Brookings, South Dakota, Attorneys for defendant and appellant.


MEIERHENRY, Justice.

[¶ 1.] In a trial to the court, Marcus J. Suhn was convicted of disorderly conduct for yelling profanities at a passing police car in Brookings, South Dakota. He appeals his conviction and contends that his utterances are protected speech under the First and Fourteenth Amendments to the United States Constitution. The State argues that Suhn's utterances fall under the "fighting words" exception to First Amendment protection. We hold that...

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