A teen who shouted obscenities at a police officer was exercising his right to free speech, the Indiana Court of Appeals ruled.
The three-judge panel voted unanimously Thursday to overturn the youth's juvenile conviction for disorderly conduct, ruling that his comments in reaction to the officer's treatment of his companion were protected political speech.
Although we do not agree with the manner in which U.M. conducted himself ... U.M. was expressing himself regarding the legality and appropriateness of police conduct toward his companion, Senior Judge George B. Hoffman Jr. wrote in the order reversing the youth's adjudication in Marion Superior Court.
According to court documents, an Indianapolis police officer responding to a report of youths spray painting graffiti on a garage found two teens in the back seat of a car. He ordered them to hold up their hands.
One of the youths did not keep his hands up, and the other then yelled a profanity at the officer and told him that his companion could not lift his hands because his arms hurt. When police removed them from the car, the youth continued yelling profanities and accused police of racism.
The teen argued, and the appellate court agreed, that he could not be charged with disorderly conduct for commenting on the officer's behavior because it was criticism of a government official and protected under the First Amendment.
The state argued that the youth had abused his right of free speech, but the court said his comments only annoyed police and did not cause real harm.