![]() For information on other ways threatening speech can be prosecuted, see C riminal Threats: Laws and Penalties. 229 (2001).)įor more information on prostitution and related crimes, see Prostitution, Pimping, and Pandering Laws in Massachusetts. Although the flyer didn't make any express threat, the court found the speech was inherently threatening, so it wasn't protected under the First Amendment and was disorderly conduct. ![]() The flyer contained aggressive, sexually explicit statements about the girl, which caused her severe distress. For example, in one case, a female high school student's ex-boyfriend snuck into her school and posted flyers depicting her picture. Other examples include credibly threatening to physically hurt someone.įurther, Massachusetts courts have found that some types of language and images, even if not overtly threatening, can be "inherently" threatening. The classic example is falsely yelling "fire" in a crowded building because it creates a danger of people stampeding out and injuring others. So just swearing loudly and repeatedly in public, no matter how annoying or offensive, isn't normally a crime.īut speech can become a crime when it endangers others, or amounts to a threat or "fighting words" (speech likely to provoke a violent response). Massachusetts courts have generally held that merely yelling obscenities is protected by the right to free speech under the First Amendment. 272, § 53 (2023) Free Speech and Disorderly Conduct LawsĪlthough the disorderly conduct law makes it illegal to annoy another with offensive and disorderly language, the law has its limits. engage in lewd speech or behavior in public, or.accost or annoy another with offensive and disorderly acts or language.It is also a crime of disorderly conduct to: People who get into bar fights or leave garbage and human waste in public parks could be arrested for disorderly conduct. 544 (1999).) Examples of Disorderly Conduct in MA ![]() Under Massachusetts's laws, it is a crime to be a "disorderly person." People are disorderly if they engage in fighting, threats, or violent or excessively noisy behavior, or create dangerous or offensive conditions without good reason, and in order to inconvenience, annoy, or alarm others. What is Disorderly Conduct in Massachusetts? While states and municipalities differ on what constitutes disorderly conduct, sometimes called "breach of the peace," these laws and regulations all target behavior that disturbs public tranquility and order.įor more general information on the crime of disorderly conduct, see Disorderly Conduct Laws and Penalties. In Massachusetts, laws against disorderly conduct and disturbing the peace criminalize fighting, being noisy and annoying in public, and other behavior that is likely to alarm, upset, or provoke others. ![]()
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