Conviction for Use "of Racially Charged Language" to Police Officer |
Free Speech
Eugene Volokh | 12.24.2025 8:34 AM
From Montmouth County (N.J.) Superior Court Judge Michael Guadagno's opinion in State v. Metcalfe, decided in Oct. 2024 but just affirmed earlier this month by the New Jersey intermediate appellate court. Neither court discussed whether the speech fits within an existing First Amendment exception, such as for "fighting words" (face-to-face personal insults that are likely to cause a fight).
Asbury Park Police Officer Ahmed H. Lawson testified that … he was on foot patrol … when he observed defendant talking with a security guard, Simon, who had just escorted defendant out of the [Capitoline Restaurant]. Police Officer Joseph Swansinger was standing next to Simon [by a crowd of people waiting to enter]. When Lawson stopped to talk with Swansinger, Simon was explaining to defendant why he could not be readmitted to the Capitoline. During this conversation, defendant turned to Lawson and said he felt sorry for him because he was compromising his integrity by listening to a white police officer (Swansinger is white; Lawson........