Legal Question in Criminal Law in Minnesota

Do fighting words still apply to people with whom the actual slurs or insults weren't directed towards? So in simpler terms, If i call somebody names and say their friend or spouse fights me and not them am i still the one that is in trouble?


Asked on 1/14/16, 9:06 am

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

It's not clear what the question might be or relate to. Perhaps the reference is to Minnesota's Disorderly Conduct criminal statute, Section 609,72. https://www.revisor.mn.gov/statutes/?id=609.72 The relevant language there may be: "Subdivision 1.Crime. Whoever does any of the following in a public or private place, including on a school bus, knowing, or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace, is guilty of disorderly conduct, which is a misdemeanor:

(1) engages in brawling or fighting; or

(2) disturbs an assembly or meeting, not unlawful in its character; or

(3) engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others."

If you've been charged with this crime, then you may want to look at what actually happened, what witnesses and other evidence may be available, along with the statutory language - for weaknesses in the prosecution case as well as defenses (including self-defense).

If you are concerned potential future trouble, it would be wise to steer clear from any unkind words to anyone, ever.

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Answered on 1/14/16, 10:04 am
Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Hello. Mr Gallagher is held in highest esteem in the legal community; every single word in his reply to you is there for a reason. I will add that there is a multitude of case law on the general subject. My firm is presently involved with a case involving a multiplicity of 'slurs'; the issues are so very serious. 'Slurs' to others generally tend to add a dimension of meanness, nastiness in one's very heart which the speak has shown to all.

When Jesus Christ was here last, He taught that we should only let our own selves speak words of kindness, love & caring, not otherwise. He spoke of what we choose to 'let pass over our own tongue'.

It is also said that a person who has mastery over the words he/she speaks is one who rules the very world.

And, it is also said that if a person 'slurs' another person, all of the nastiness bounces right back upon the speaker, not the accused.

Best to you - TY for you post !!

TRICIA DWYER ESQ

TRICIA DWYER ESQ & ASSOC PLLC

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Answered on 1/15/16, 3:46 am


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