The South Dakota Supreme Court on Monday heard arguments over whether yelling profanities at a passing police officer is protected speech under the U.S. Constitution.
Attorneys for Marcus Suhn argued the First and 14th Amendments protected him and a misdemeanor disorderly conduct conviction should be overturned. He appealed to the high court after being convicted for a Sept. 2, 2007, exchange with Police Officer David Gibson.
The Constitution gives Americans to express ideas and opinions freely, Suhn's attorney, Robert Fite said. "That right also gives us the right to criticize our government and its agencies without fear of retribution."
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