What States is It Illegal to Swear in Public?
While uttering a few choice curses may be a harmless exercise in frustration for some people, others may wonder: is it illegal to swear in public? The simple answer is: not categorically. However, depending on the state you find yourself in, using inappropriate language can lead to misdemeanor charges or even arrests in some cases. Let’s dive into the states that have laws prohibiting swearing or using obscene language in public.
Alabama: Off to a Bad Start?
In Alabama, Alabama Code §13A-11-7(a)(1) makes it a class C misdemeanor, punishable by a fine only, to use language that is obscene, raspy, or gross in a public place if it’s likely to harm someone’s reputation, expose someone to contempt, offend someone’s sensibilities, or provoke a breach of the peace.
Louisiana: The Bayou State’s Take
While Louisiana doesn’t have specific laws against swearing in general, Louisiana Revised Statutes Annotated §14:106 makes it a misdemeanor penalty to use vulgar or indecent language in a way that harasses or injures someone or a group of people. More specifically, the statute references words or actions that are incredibly repulsive, creating a distasteful or revulsing effect.
North Carolina: Swear at Your Own Peril
In North Carolina, North Carolina General Statues §14-315 deals with disorderly conduct charges. Specifically, subsection a states that committing an act that is reckless and likely to insult or provoke a person with a peaceful disposition, particularly if the act includes "abusive, profane, or indecent languages" or words/phrases that are obscene or offensive, is itself a misdemeanor.
Other States with Laws
Florida: Florida Statutes Sec. 877.041 makes it a petition for misdemeanor to yell or use **abuse, profane, coarse, or indecent_ language in a public assembly or a public street without provocation.
Texas: Texas Penal Code §43.21, Subsection a states that use of *obscene and indecent language in front of or by telephone_, which is likely to hurt someone’s reputation or damage their good name, subjects the perpetrator to a Class C misdemeanor.
Oregon: Oregon Revised Statute 163.462 makes it a *petty offense to scream or use loud language that is likely *to provoke a fight_ or create a common disturbance.
South Carolina: The Palmetto State’s Stand
In South Carolina, South Carolina Code Section 16-15-90_ makes it _a misdemeanor to yelp or use swear words, abuse speech, or obscene language in a public place that a reasonable person would deem ____.
No Fear of Fines
Even in states where laws seem to criminalize swearing publicly, the likelihood of charging someone with a misdemeanor largely depends on the jurisdiction, context, and the officer’s judgement. For instance, mere casual joking or playful phrases might not be grounds enough for an arrest, only a verbal warning. Courts have consistently ruled that verbal expressions, including swearing, are protected forms of free speech under the first amendment.
When In Doubt, Exercise Extreme Caution
Swear at your own risk.
In conclusion, swearing may be illegal in certain states under varying circumstances, but laws are often gray – and it’s ultimately subjective. Before you get to the courthouse, ask this: Would I really press charges?