Expert: Michael Troy - 7/29/2005

Question
Can you tell me if Michigan's law of using obscenities in front of women and children has been repealed?  If it has not, is it still freedom of speech to call a woman a f****** b**** or a f****** c*** in front of her children, in a grocery store parking lot?

Answer
Hi Heather,

Michigan's cussing law was found unconstitutional in 2002.  That said, many authorities still believe it can be a misdemeanor to swear at someone in certain cases.  Such an incident could be disturbing the peace, disorderly conduct or some other such charge.  This is especially true if the swearing is directed at someone.  The Michigan case was directed a a canoer who started swearing after his canoe tipped over.  His words were not directed at anywone.

A similar court in Wisconsin found that "violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct" when it provokes or causes a disturbance is considered disturbing the peace.  In a 2002 case the fined a woman for leaving an abusive message on her ex-husband's answering machine.

The US Supreme Court has said in at least some cases that foul language, including the "f" word can be protected speech.  But the court has not really addressed enough such cases to make clear exactly how far that protection goes.

So unfortunately, I can't really give you clear answer.  A lot has to do with the circumstances surrounding the language and the police and judges who review the matter.

- Mike