You Can Be Arrested For Cursing?

Submitted by: kitteh9lives 5 years ago Misc

This incident degrades into resisting arrest but the original charge is for ""swearing in a park""....really?
There are 78 comments:
Male 42
For those that comment you have the right you must have not watched the whole thing. Both the guy and girl become belligerent and physically resisting arrest. While if they would have just stayed calm, took the ticket and fought it in court it would have more than likely been thrown out depending on their criminal record. But by continuing to make a scene and pose a threat to the public, of course they are going to get thrown into jail with good reason. The cops actually showed great restraint in this situation and the suspects could have had much more bodily harm considering the woman PUNCHED the cop several times. This is nothing but PURE white trash and these low lives should be shipped off to a 3rd world country.
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Male 2,796
I cannot remember when, but I read an article on how the ACLU won a court case against a similar problem. They proved that while it is unecessary, impolite and inappropriate... it is not illegal to curse at a cop. (Unless they are direct threats)
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Female 374
The guy and the woman both had a bad attitude here. If they had been respectful, they probably would have gotten off with warning or something. This just goes to show that when you`re in public, don`t draw attention to yourself.

Cursing in the park is a stupid reason to try and arrest someone, but he fell into their trap by resisting and being an overall non-nice individual. They also should not have maced that woman. Just put her in cuffs and set her aside.

Also, the man filming was being obnoxious. But it was funny. He`s lucky the cops didn`t beat the poo out of him.

And also, to top it all off, we have no less than a bajillion officers on scene to arrest two people who were making asses of themselves. Way to go.
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Male 527
The video starts when the argument is already in progress. We don`t know abusive the searing was.
Swearing can take different forms. If this man is swearing and insulting other people with his swearing there is a good reason for the police to act.

If he then is undermining their authority by behaving like he does when the movie starts they have the right to take him away.

The way the cops act is pretty relaxed considering the fact they are are being harrased by the `you gonna be on facebook guy` and the female that got maced and have to deal with all the other people in the park.

The fact that the swearing guy is so hyper and shouting why he is arrested leads me to believe this man already had some issues going on.
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Male 759
These videos are all a bunch of crap. they are taped by people who want to get hassled by the police, so they can complain about it. They edit out the parts that make them look bad and only show what they think is police brutality, even though it almost never is.

Police departments should just flood youtube with every dash cam video.

These peoples shouldn`t have acted like a bunch of a-holes. If they had said "sure, we won`t swear around these families anymore" that would have been the end of it. instead they make a scene, start fighting and end up going to jail. Reap what you sow.
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Male 25
This is ridiculous. You have the right to swear as an American citizen. It IS protected by the 1st Amendment. Unless you are threatening someone with violence, or slandering; you are free to say whatever you want. A park in the USA is a PART of the USA, and the individual is protected by the constitution. Also, you must understand the difference between free speech and disturbing the peace. Yelling F*ck out loud with my friends at the beach, fine; yelling F*ck right in the face of a kid at the beach while his family looks on in horror; disturbing the peace. If you don`t like someone cussing while just minding their own business, move away from them! He DID resist arrest, which IS illegal and an entirely different matter. However, the cops in this video were giving an imaginary reason to arrest someone unlawfully, abusing their power, and to see so many comments backing this as the right thing to do sickens me. You don`t get to a police state over night... you take baby steps.
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Male 2,384
police state is upon us, i guess he was being kind of belligerent but drat if they were going to arrest me for swearing i would pitch a fit too
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Male 176
Swearing in public can be considered disturbing the peace --> which does have consequences
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Male 3
drat it man, he had 100 chances to stop escalating this - enjoyed seeing him eat dirt.. And what a stupid bitch he had with him - slapped her way right to jail - gotta laugh..
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Male 1,920
@tedgp

Here you go ted, here`s another one from Jun 13, 2011
The F-bomb isn’t polite or illegal

I love this quote:
“Simply telling a cop to go screw himself is not illegal,” said Denver lawyer David Lane. “The First Amendment lives in a rough neighborhood and if you can’t stand the neighborhood move to China … or somewhere the First Amendment does not exist.”

Eagerly awaiting your research, or apology ted.

Last week, Lane’s client, Bob McIntosh, got a $20,000 settlement from Boulder County over his arrest on Oct. 1.
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Male 7,378
[quote]The thing about this video is that someone had to call the police for them to show up...[/quote]
-----------------
So what you`re saying is the police stay in their station unless they are called? You need to get outside more often.
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Male 329
The thing about this video is that someone had to call the police for them to show up....What happened to the days when people could respectfully resolve issues amongst themselves? If this guy was being obnoxious and cursing then ask him politely to tone it down or move you and your family to another spot...did the police even need to get involved? Was it really necessary? Was it worth the tax dollars and resources wasted arresting the guy? Isn`t there better things the police could be doing? Probably some uppity arseholes got all offended because someone had a potty mouth...oh no!!!
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Male 11
I can`t speak to the legality of cursing in public. however its pretty obvious the guy was resisting arrest. Just because you think something isn`t illegal doesn`t make it so and just because a police officer thinks that something is illegal doesn`t make it so either. That`s what courts do. It also seemed to me that the first two officers on scene seemed poorly trained.
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Male 1,920
@tedgp

Here you go ted, here`s another one from Jun 13, 2011
The F-bomb isn’t polite or illegal

I love this quote:
“Simply telling a cop to go screw himself is not illegal,” said Denver lawyer David Lane. “The First Amendment lives in a rough neighborhood and if you can’t stand the neighborhood move to China … or somewhere the First Amendment does not exist.”

Eagerly awaiting your research, or apology ted.

Last week, Lane’s client, Bob McIntosh, got a $20,000 settlement from Boulder County over his arrest on Oct. 1.
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Male 1,920
@tedgp

Pensylvania State police can no longer issue tickets for profanity Jan 2011

I did my research, where`s yours?

To anyone else, I`m not saying you should run around cussing like a sailor, you should endeavor to be civil, but profanity is in fact protected by the first amendment, that is why the ACLU is winning these cases, and getting big money for their clients.

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Male 1,920
@tedgp
"@peabody. It`s not free speech. That excuse was quashed by a higher court if you had bothered to do research. Free speech applies only in relation to government and religion."

I listed my sources, where`s yours? If it was quashed by a higher court, what court? and in what country? The way it works is you make the argument, so you cite your sources.
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Male 37,888
[quote]People have a right to express themselves in anyway they choose. If that means cursing in a park, then so be it. [/quote]
so I can yell "n igger, n igger, n igger" if I want because I feel like expressing myself that way? There are appropriate venues to express yourself, but F this and F that in front of 5 year olds is generally considered stupid behavior. It should not have to be explained, but there seems to be enough stupid people who don`t understand that and so they acually had to pass laws against it.

to me, the surprising thing is how many people think it`s totally okay
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Male 328
@Klamz

People have a right to express themselves in anyway they choose. If that means cursing in a park, then so be it. If that means protesting a soldier`s funeral, then so be it. To say that people must conform to the "norm" is so very ignorant and just plain backwards. Who`s to say what`s normal and what isn`t?

"To each his own."
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Male 928
It has always been against the law to use profanity in public places. I can`t believe how many people are unaware of that. Do you want your kids to hear profanity at a restaurant or in the grocery store? I don`t. They censor it on tv for a reason as well.

I also know a couple of people who paid a fine for this.

But I am sure we will hear plenty of "free speech" responses either way.
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Male 718
Yeah, now when the woman hits the cop out of anger she can go to jail for like, a thousand drating years for (assaulting a police officer) you see when you piss a goddamn cop off it dont matter if you have done anything wrong or not, they will come up with SOME sort of bullpoo to arrest you for. the guy should have calmly got arrested then SUED THE drat out of the police station/Cops
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Female 379
I don`t think anyone, as long as they are not infringing on the rights of those around them (and "the right to not be offended" DOESN`T exist) should be arrested for saying anything. Inciting violence infringes on others` rights by causing them harm. But saying "F***, these hotdogs are good!" and the like doesn`t actually hurt anyone. They`re just words, get over it.
And hey, which food would you rather eat: "man, these hotdogs are good!" or "F***, these hotdogs are good!" :P these words have meanings, let us use them if we want to.
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Male 4,902
Those Officers are the biggest pussies i`ve ever seen.
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Male 688
"It wouldnt of happened if noone was there to hear it" - Probably one of the biggest mistakes science has ever made.

I think the police were being far far too lenient after he started to resist. FAR too lenient. They need to put the problem down before it escalates. As for the swearing it`s called a breach of the peace. As a citizen you`re expected to comply with the norm for society within a reasonable amount.

Meaning, you own a house and decide to get on top of it and just start jumping up and down, your going to get arrested if a cop sees it and with good reason.
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Male 3,482
[quote]When it was written, what it meant was clear to the people of the time.[/quote]
I would also like to add to this:

It`s because the people of that time knew of a little thing called "respect," which is sorely lacking in today`s society.
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Male 3,482
[quote]Bad analogy. I know many who would run over such.[/quote]
You have a point there... Still, does anyone see what I mean?
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Female 4
They where disturbing the peace by swearing, maybe? Not even mentioning disrespecting the authorities and resisting arrest. Plus the guy with the camera is a complete idiot.
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Male 599
@altaru
"But would you be okay if a large group of people suddenly "peaceably assembled" in the middle of a busy high-way during rush hour, without permits or warning?"

Bad analogy. I know many who would run over such.

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Female 1,589
They were probably disturbing the peace.
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Male 3,482
Let me ask everyone something:

The First Amendment also guarantees our right to "peaceably assemble."

But would you be okay if a large group of people suddenly "peaceably assembled" in the middle of a busy high-way during rush hour, without permits or warning?

Hey, it`s their right to gather. The Constitution doesn`t say where, when or how, so it`s assumed that they`re allowed to do it whenever, wherever or however they want, right?

Just like swearing! Or, say, slander. I mean, we have freedom of speech, right? So we should be allowed to say WHATEVER we want, regardless of how it affects other people.

The Constitution has lost it`s meaning. When it was written, what it meant was clear to the people of the time. But now, the vague wording is being used and abused by both the people and the government. It`s sickening...
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Male 1,745
I have no idea what started this but, the guy wasn`t exactly acting in a way conducive to making the situation less tense.
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Male 25,416
It wouldnt of happened if noone was there to hear it
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Female 695
so the freedom of speech line applies where?
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Male 329
Well the good news is just a few more years and it will be an official police state and we can just stay locked in our homes all the time and won`t need to go out in public and deal with Barney Fife and crew.
True this guy shouldn`t have resisted but I think if I was going to be arrested for cussing..I would be pissed too...useless pigs got nothing better to do? 4 can show up to arrest one man but a whole dept couldn`t find my car when it was stolen and it was recovered by a tow truck 2 blocks from the police station and then the police forgot to tell me it was recovered and it sat on the lot for over a year before someone called me...I get mad just watching this crap...and why can`t we cuss at the cops but like on the video that popped up here last week cops can cuss at us and threaten to blow our face off...hmmmm.
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Male 15
obscenity laws getting stupid people in trouble everywhere
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Female 379
Well, the dude in question is definitely acting stupidly, resisting arrest is a crime in and of itself. But I am of the opinion that anything you can say the word "jesus" on you should be allowed to say F*** on. Curse words have meanings, and can convey feelings in ways "normal" words cant. Also it`s been shown to help with pain. If you don`t want your children to be exposed to specific words, that`s up to you to deal with, the rest of us are allowed to live our lives. Trust me when I say there are perfectly decent ways to use "offensive" language, but there are also ways to use "decent" language to say some very offensive things.

He was doing lots of things besides "cussing in the park" and any of those things would be fine for charging him with, but if he`s not inciting violence, then you are infringing on his rights. And any sign in a PUBLIC park that says you`re not allowed to cuss is wrong.
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Male 3,285
actually joker, under federal law any person is within their full rights to record a police officers actions as long as it does not interfere with the current work, or is not a threat to National Security.
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Male 2,033
Facebuk! FACEBUK!

Dude it is youtube....

Also, everyone please remember to

TURN
YOUR
CAMERA
SIDEWAYS.
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Male 37,888

zombunny [quote]"Pretty sure you can`t charge someone with resisting arrest if you were trying to arrest them for something that isn`t illegal."[/quote]
You`d be pretty wrong. `Resisting Arrest` is a charge on it`s own and doesn`t need any other charge. I`m know it`s stupid. You know it`s stupid. But don`t confuse `legal` with right/wrong.
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Male 250
What was he saying about the KKK at 1:20?
I don`t think that he claimed the officer to be a member but I think it`s highly dangerous to establish such links in his situation.
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Male 5,608
YouTube, Jackass, not Facebook.

WTF are you desensitized people on about?
In the US, one can be fined for swearing on:
CB/HAM
A phone
Radio broadcast
TV
"Obscenity over any receivable transmission."

In most major cities, there is a specific ordinance against obscenity:
in traffic.
at a law enforcement officer.
That includes spoken and sign languages, hand gestures and print.

All of which directly conflicts with the Constitution.
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Male 13
Depending on the state/county etc, swearing can be considered creating a public nuisance or a disorderly conduct. Also keep in mind in some states it is ILLEGAL to record a police officer without their consent, so the person recording this could have been arrested as well.
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Male 143
Yea, there are laws against swearing. The first amendment is in regard to protest and censorship. The hilarious thing is the cops offer to give him a ticket before the guy resists arrest. The funny thing is that if it was so outrageous, fight it in court and not against the cops...you will never win if you fight the cops, because in the end a resisting arrest charge is harder to get rid of than a disorderly conduct or disturbing the peace. I think this is the next "don`t taze me bro" "LET ME BREATH!!! OH MY GOD! OH MY GOD! OH MY GOD! OH MY GOD! LET ME BREAATH!!" hahahahahaha
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Male 250
What was he saying about the KKK at 1:20?
I don`t think that he claimed the officer to be a member but I think it`s highly dangerous to establish such links in his situation.
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Male 868
Yes I find it offensive when I have, mom, my wife and little kids at a public park and some a-hole, (drunk or asserting what he thinks are his rights) is cussing up a storm making a spectacle and public nuisance of himself. Would you want your mom, girlfriend/ wife little kids to listen to that crap? And then as a cop – having to listen to his BS and that b itch assault you? They should have tasered them all and arrested them, the idiot with the camera phone too.
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Male 2,690
Yea they didn`t have the right to try to arrest for "swearing in a park" but like Altaru said...they acted like complete idiots about all of it. And his trashy girlfriend stepping in and getting in the officers` faces like that was beyond stupid.
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Male 3
@nny156 "...but its not illegal to swear anywhere.

im tired of cops making laws up as they go so they can fill their quotas."

I dare you to step into a Provincial Park and start swearing in from of a Warden and see what happens. And in regards to "quotas", the guys in beige in the video are park wardens...not cops. They don`t have quotas.
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Male 1,832
Umm yeah, really. I know you can be fined for it. Especially in public places around children. Maybe do some research?
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Male 10,339
They got what they deserved, no question.
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Male 3,285
@peabody. It`s not free speech. That excuse was quashed by a higher court if you had bothered to do research. Free speech applies only in relation to government and religion. Not some idiot standing in a park swearing his ass off, after people had complained and police officers had told him to stop.
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Female 2,525
Pretty sure you can`t charge someone with resisting arrest if you were trying to arrest them for something that isn`t illegal.
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Male 3,482
@MrPeabody

From the looks of it, the cops were probably just going to warn them and escort them out (perfectly reasonable if they`re causing problems for other people in the park).

Then the guy starts screaming, from the sounds of it claiming racism, and it turns into a disorderly conduct charge as his screaming and running around becomes more problematic.

Then he resists arrest, and his dumb b*tch of a girlfriend(?) starts hitting the cops.

I doubt "swearing in a park" is even going to be brought up in court. It`s the disorderly conduct, resisting arrest, assaulting an officer, etc.
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Male 17
Public Disorder - an arrestable offense. Not only did he swear a repeated amount of times, he then decided to swear directly to the officer. Both deserved arrest.
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Male 1,920
(1000 chars my a$$, it said 894)
Cont.
"As the court today recognized, the government cannot act as speech police and prosecute a citizen just because someone is offended."

Article here
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Male 1,920
Something similar happened in Michigan where a man fell out of a canoe and cussed in earshot of a woman and her kids. His conviction was over turned and the law used to convict him was struck down as unconstitutional.

Justice William B. Murphy writing for the Court said, “Allowing a prosecution where one utters `insulting` language could possibly subject a vast percentage of the populace to a misdemeanor conviction.” He further added, “…we find it unquestionable that MCL 750.337, as drafted, reaches constitutionally protected speech, and it operates to inhibit the exercise of First Amendment rights.”

"This decision reaffirms the longstanding principle of the rights of free speech," said Michael J. Steinberg, Legal Director of the ACLU of Michigan. "As the court today recognized, the government cannot act as speech police and prosecute a citizen just because someone is of
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Male 3,482
The public park nearest me has a sign up that states, quite clearly, "No Cursing" as one of the rules.

This was not a government decision, this was a decision by the locals to try and protect their kids from groups of stupid teenagers coming in and yelling obscenities where children can hear.

One of my classmates last school year got all pissed off `cause he was kicked out for hollering stupid sh*t at people during a basketball game. He`s in the class talking about "freedom of speech, first amendment!" and all that.

I nearly kicked him in the teeth. I did tell him to shut the hell up, but I was tempted to do so much more...

It`s people that don`t know what rights are all about and try to take them too far that lead to rights being taken away.
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Male 182
he`s an non-nice individual but its not illegal to swear anywhere.

im tired of cops making laws up as they go so they can fill their quotas.
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Male 3
I`m not sure how things work in the States but in Canada it is an arrestable offense to swear in a provincial park. It is also an arrestable offense to yell at a peace officer (obstructing a peace officer). Finally, resisting arrest and assaulting an officer(the woman) will certainly get you put behind bars. Normally things like swearing in a park will end up in a ticket at most so clearing this guy was being an idiot and had it coming. We don`t just go around arresting people for nothing.
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Male 63
favorite line "he can talk, he can breath". these ppl where just stupid. i mean what did that girl think was gonna happen when you kick and hit the police. and cursing in public is disorderly conduct. and if someone complains about it in a public place then can ask you to stop and remove you if you dont. but then morons make a simple thing turn serious with being a d-bag.
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Male 3,578
love it at 8:33 "I didn`t fu****g do anything."
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Male 802
Those cops are saints. I so wanted to taze that guy.
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Male 749
Well, let`s see here:
1. Creating a public disturbance
2. Possible drunk and disorderly
3. Resisting arrest
4. Assault on a police officer

Yeah, I`d say they should go to jail.
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Male 3,285
Demynted
Male, 30-39, Western US
37 Posts Friday, July 29, 2011 9:52:55 AM
It`s shi.t like this cops. I would have kicked them clean in their face. This IS why we have the 2nd amendment. To protect us from tyrannical governments and agencies. I bet if the whole crowd jumped in, the porkers would have left.


-----------

No you wouldnt internet tough guy. Unless you were prepared to face a good few years in a high security prison.
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Male 3,285
i agree with gerry which is a first. If you keep goign against what the law says, you will be caught and puinished. It`s not rocket Science.
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Male 37,888

I hate cops...but I`m good with this. They behaved the way we wish cops always would. No excessive force. Kid had a warning first but he acted like a stupid child and escelated it.

"NO! You step back! No! You go away! I`m not doing anything! I`m not doing anything!" Man Up! What an idiot.

Supreme Court has ruled obscenity is defined by the community so YES you can get tickets for cussing if it`s not allowed in Public Parks. Every idiotic, immature punk cries `free speach` when he doesn`t get his way.

Right or Wrong, you cannot wrestle with the cops or your ass will be handed to you.
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Male 3,578
he was just asking for it
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Male 1,151
Its the same thing in every video. Someone disagrees with a cop, gets stupid about it, cops have to do what is right. If you don`t like the way the cops are doing things, fighting them is not the way to go about it. There are processes for that kind of stuff. Take it to court, not to them directly. idiots.
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Male 78
It`s shi.t like this cops. I would have kicked them clean in their face. This IS why we have the 2nd amendment. To protect us from tyrannical governments and agencies. I bet if the whole crowd jumped in, the porkers would have left.
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Male 3,285
And anyway. Here`s what police do:

You start cursing, they come to you and ask you to stop.
You keep cursing, and they warn you you will be arrested if you continue.
Keep cursing, and guess what, youre getting a criminal record due to a public disorder offence. Seriously. The stupidity of the i-a-b mods and submitters is just getting amazing lately,
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Male 234
"the guys kind of a dumbass for yelling at the cop. but the cop shouldnt have touch him...."

He is not. We need more of this (very right) resistance already.
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Male 3,285
wow you deleted my comment seriously? Ok i will repost.

This is a crime. It is offensive language and is a public disorder offence. Are you seriously that retarded i-a-b mods?
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Male 99
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Male 881
More officers doing a good job.
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Male 1,678
Arresting someone for swearing is obviously ridiculous but the reaction to the cops is just mind bogglingly stupid.
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Male 99
This is why you should never drink, never swear, never resist arrest, and also never be a foreigner.
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Male 89
the guys kind of a dumbass for yelling at the cop. but the cop shouldnt have touch him....
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Male 335
Without seeing how this alteration originally started you can`t really make any judgments on the situation. If anything, the police and/or Park Rangers showed restraint. If he indeed got arrested for cursing, that`s pretty messed up.
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Female 2,764
Facebook... Facebook.... Facebook....
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Female 8,044
Link: You Can Be Arrested For Cursing? [Rate Link] - This incident degrades into resisting arrest but the original charge is for ``swearing in a park``....really?
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