First Amendment. The charges are unconstitutional.
True. But I’d probably still find her guilty for being stupid. She couldn’t think of another word after all these decades?
> First Amendment. The charges are unconstitutional. <
The 1A protects you against things like insulting a police officer or other government official. I don’t know how far it goes when insulting a private person.
Also, some states used to have “fighting words” laws. It was a crime to say something that could be interpreted as trying to cause a fight. I don’t know if those laws are still existence.
Anyway, I’m a “sticks and stones may break my bones, but words will never hurt me” kind of a guy. So I see no harm done by that woman uttering one word.
But a Minnesota jury might think differently.
Not sure they are unconstitutional. The "fighting words" doctrine has always been recognized as an Amendment I exception, at least under certain circumstances.
Provocation is a valid defense, certainly seems like it in this case, but the LAW that criminalizes "fighting words" isn't per se unconstitutional.
Big time.
She’s guilty of being white though so expect a conviction.