BOULDER, Colo.—The city of Boulder has yet to decide whether it will appeal a judge’s ruling striking down an ordinance banning the use of language that can provoke a disorderly response.
The Boulder Daily Camera reports () the so-called “fighting words” law bars people from insulting, taunting or challenging another person if it would likely provoke another person. Municipal Judge Thomas Reed ruled late last week that the law violates the First Amendment.
Boulder spokesman Patrick von Keyserling said the city’s attorneys have not decided whether they will appeal. He said he did not know how long the ordinance has been on the books.
Reed’s ruling stems from a case involving Boulder resident Camille Lafont, who was ticketed for allegedly insulting a co-worker. The insult led to a confrontation.
Defense attorney Kevin Cheney argued the law was unconstitutional because it did not require that a person intend to cause the disorderly response.
“Lacking an intent element or protections for political speech, Boulder’s ‘use of fighting words’ statute simply prohibits a substantial amount of constitutionally protected speech,” Cheney argued.
Judd Golden, chairman of the Boulder chapter of the American Civil Liberties Union, praised the judge’s decision.
“We find this whole concept of criminalizing words in and of themselves something that is too vague and allows for selective prosecution,” Golden said.
Boulder Police Chief Mark Beckner said the department abides by the decision.
“Right now what we’re telling our officers is that it is probably not very effective to use that ordinance until we get a final decision from what will probably be an appeal by the city,” said Beckner.
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Information from: Daily Camera,
