Can I be arrested for yelling or swearing at a cop?

People frustrated with the police may be tempted to vent their anger and concerns at officers in the heat of the moment. But directing a tirade at police can quickly backfire. It's best to maintain your cool in the moment. If you need to, handle legal issues regarding police conduct later.

Do People Have a First Amendment Right to Yell and Swear at Police?

Under the First Amendment to the U.S. Constitution, individuals can verbally protest and challenge police action. Police officers generally cannot arrest people, nor can the government prosecute them, simply for what they've said. There are, of course, exceptions to the prohibition against punishing speech. Additionally, a person's conduct can result in arrest charges for other crimes.

Protected Speech vs. Verbal Attacks Directed at Officers

Words alone—even profane, offensive, and insulting ones—directed at police generally won't be enough for criminal charges. These words are protected under the First Amendment. However, the Supreme Court has decided that true threats and "fighting words"—those that are likely to provoke someone into reacting violently or incite others to violence—are not protected speech. So, a defendant who yells profanities at an officer in a threatening manner or manner likely to provoke or incite violence can be charged with disorderly conduct (and perhaps other crimes).

Disorderly Conduct or Breach of the Peace

Many cases dealing with verbal attacks on officers involve charges of disorderly conduct or breach of peace. Disorderly conduct laws generally make it a crime to disrupt public order or disturb the peace by using offensive words that are threatening or likely to provoke immediate violence. The last part of the definition is key.

Example: Officer Hauk responds to a report of someone selling cocaine on the street corner. He encounters and confronts Bodie, who matches the description of the seller. Bodie yells and swears at Hauk. He attracts a crowd of onlookers. He then encourages the crowd to join in his protest of Officer Hauk, screaming that this situation is similar to the LA Riots. Officer Hauk is justified in arresting Bodie for disorderly conduct because the latter's actions were likely to cause violence. (Chemalali v. D.C., 655 A.2d 1226 (D.C. 1995).)

Example: Officer Hauk, stationed in the subway, sees Bodie jump the turnstile. He stops him and issues him a ticket for not paying. Bodie yells and curses at Hauk. A crowd gathers, and Bodie continues to curse. Hauk arrests Bodie for disorderly conduct, but the reviewing court finds the arrest illegal because there wasn't evidence to suggest that Bodie intended to incite the crowd; he didn't interact with it, nor did it become agitated. (Shepherd v. D.C., 929 A.2d 417 (D.C. 2007).)

Drawing the Line Between Protected and Unprotected Speech

As these examples show, the line between protected and unprotected speech can be thin. Those who, knowing the First Amendment's protections, are tempted to antagonize police officers should think twice. Not only may the speech violate the law, but an offended officer could find some technical violation to justify an arrest. (For example, an insulted officer might arrest a bar hopper for being drunk in public.) There's also a chance the officer will arrest you for disorderly conduct, even if no charges are ever brought.

(Hartman v. Moore, 547 U.S. 250 (2006); City of Houston v. Hill, 482 U.S. 451 (1987).)

When Yelling Profanities at Cops Crosses the Line to Criminal Behavior

Expressing opinions is one thing. Engaging in certain behaviors is another. Freedom of speech does not protect behaviors that are threatening, obstruct official duties, or involve directly disobeying officer orders. Arguing with officers and screaming profanities can easily cross the line from opinions to these types of criminal behavior, as described below. Depending on the state law and circumstances of the offense, a conviction for any of these crimes can result in misdemeanor or felony penalties.

Disorderly Conduct

A person can face disorderly conduct or breach of peace charges for using offensive, abusive, or obscene language that is threatening or likely to provoke or incite immediate violence.

Resisting Arrest

Arguing with a police officer can result in resisting arrest charges if the person refuses to obey an officer's orders, walks away after being told not to, or pulls away if the officer tries to arrest them.

Obstruction of Justice

A person could face obstruction charges if their screaming and yelling obstructs or prevents the officer from performing official duties. Say an officer is trying to arrest another individual. Screaming or yelling coupled with blocking or impeding the officer could be considered obstruction.

Failure to Identify

Many states have failure-to-identify laws that require a person to give their name to an officer or prohibit giving an officer false information.

Assault or Battery

Many states' laws consider it an assault or battery to spit, expel, or throw bodily fluids on a police officer. Police can also arrest a person for assault when a person's words and actions make the officer believe physical harm is imminent. Most states have enhanced penalties for assault or battery of a police officer.

Asserting Your Rights When Dealing With Police

Preferably, always speak to officers calmly and respectfully, whether it's during a traffic stop, protest, or arrest. If you feel officers are violating your rights, calmly ask the officer to respect your rights. You can typically record the interaction as long as you're not interfering with the officer's duties. Don't threaten, touch, or advance toward the officer. Obey officer commands and remember that the officer might be working off of different facts than you are. For instance, they might have information that an armed person is in the crowd.

Officers can use reasonable force to make an arrest. Swearing and yelling at an officer generally won't justify an officer using force on you. But if your language comes off as a threat or the situation involves an angry mob or danger to innocent bystanders, the totality of the circumstances might justify some level of force. And then it's your word against the officer's.

When to Get Legal Help

If you've been arrested after a confrontation with a police officer, consult a knowledgeable criminal defense attorney. That lawyer can advise you of the applicable law and your options. You might also have a claim of police brutality or other violation of your civil rights. Talk to a civil rights attorney for more information.