this post was submitted on 22 Oct 2025
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That’s a lotta 1A
Is there a minimum required distance from these guys, where it makes your lawyer’s job harder if you get too close even if not touching?
And is profanity OK & any volume? Maybe jurisdiction dependent. IDK when they slap the “disorderly” stuff on you.
Think I recall middle finger to police was protected speech at some point, IDK maybe somebody knows this stuff. Obviously every American should feel comfortable protesting generally, just curious about finer details (can protest longer when not in jail)
I feel like he got too close at the very end there... until then I think it was a healthy distance?
& it was also slightly chasey too wasn’t it?
We don’t want protestors shot over a few inches when it’s (presumably or arguably) equally effective two steps back
Ya, I think the more appropriate way if you're chasing someone off is to get further back the more further they run away.
If they stop retreating, then decrease the distance again.
You have to tread lightly around fighting words. If you are inciting violence you can get arrested. Having said that, I'm sure your average Ice Agent is not a constitutional scholar.
https://en.wikipedia.org/wiki/Fighting_words
Wow, thank you. Super interesting. (Only knew the term)
So, perhaps if the protest from the video had happened in 1942, it would have been illegal, but perhaps today it was okay. Only referring to the speech and not the volume or proximity.
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If they’re going to keep doing signing bonuses they should add on enough classes for them to become constitutional scholars. Happily pay for that
In most states, "pig buffer zone" laws have been stricken because they all violate 1A. However, some states haven't lost in court yet. In most states, "interference with the police" requires a physical act or explicit threat, not a particular distance.
You can tell the cops to go fuck themselves. That's covered by Cohen v. California, going back to 1971, and other related cases before and after that time. You cannot assume that "any volume is OK in all situations". But out on the sidewalk during the day, it is typically true that yelling "fuck the police" is protected by 1A.
Yes, the one finger salute is entirely protected. If you give a pig the bird and they arrest you, they'll try to find another charge to cover up the badness, and if they fail then you will probably win your civil rights lawsuit.
Remember, though, that the pigs don't care about the law. If they want to arrest you, they will, and as they say, "you can beat the rap but you can't beat the ride".