Upset over being disrespected by a clerk in the Bergenfield Police Department, Frank Ruthenbeck said to the clerk, “You big muttonhead. Do you think you are a czar around here?” Ruthenbeck was arrested and charged with violating a Bergenfield Ordinance. The ordinance stated, “No person shall utter any loud, profane, indecent, lewd, abusive or offensive language in any public place.” On those facts, the First Criminal Judicial District Court of Bergen County found Ruthenbeck guilty. Ruthenbeck appealed. On November 7, 1929, the Supreme Court of New Jersey reversed Ruthenbeck's conviction. In reversing, the court held:
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Fast forward to 1968. The Vietnam War was still raging. Young men were being drafted to fight in that war, and dying. Against that backdrop, Paul Robert Cohen entered the Los Angeles County Courthouse. He was wearing a jacket on the back of which were the words, “Fuck the draft.” California Penal Code Section 415 provided at the time:
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Cohen was charged with violating Section 415. The Los Angeles Municipal Court found Cohen guilty and sentenced him to thirty days imprisonment. The Court of Appeal of California affirmed Cohen's conviction. The California Supreme Court refused to review the conviction. Cohen appealed to the United States Supreme Court. The United States Supreme Court, in a five to four decision, reversed Cohen's conviction. Explaining that reversal, the Court observed:
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Cohen v. California remains the law of the land. Other cases have joined Cohen. Thus in Lewis v. City of New Orleans, the United States Supreme Court ruled New Orleans Ordinance 49-7 facially unconstitutional. That ordinance specified, “It shall be unlawful and a breach of the peace for any person wantonly to curse or revile or to use obscene or opprobrious language toward or with reference to any member of the city police while in the actual performance of his duty.” Lewis involved a situation wherein an officer had asked the husband of Mallie Lewis to produce his driver license. Ms. Lewis said, “You god damn m. f. police--I am going to Giarrusso (the police superintendent) to see about this.”
These expansive rights of free speech bother many police officers, and other public officials. Contrary to the holdings of cases such as Cohen and Lewis, these officials not infrequently arrest persons for speaking their mind. In so doing, they violate Americans' right to freedom of speech. And in so doing, they can be successfully sued.
Suing public officials is not easy. These lawsuits often last for many months, sometimes years. Plaintiffs must overcome an evil pernicious defense called “qualified immunity.” These lawsuits are costly. However, upon concluding lawsuits such as these, Civil Rights Statutes allow successful plaintiffs to recover their legal fees and costs from the offending public officials. For these reasons, New Jersey lawyers are often willing to rely upon an eventual court-ordered fee award when handling freedom of speech cases.
Allan Marain is a freedom of speech civil rights lawyers. He handles freedom of speech civil rights cases. He invites persons charged with or prosecuted for violations of their freedom of speech to call for a conference.
Free speech is one of your freedoms. Use it! Enforce your rights!