State v. Starr – Profanity at Police and Disorderly Conduct

In State v. Starr, the First District Court of Appeals reversed a woman’s conviction for persistent disorderly conduct based on profanity directed at a police officer. The statute requires “fighting words” or conduct likely to provoke a violent response, or that actually inconveniences or alarms others. Here, the defendant used insults and vulgar language, but she did not threaten the officer, the officer ignored her and walked away, and there was no testimony that anyone was annoyed, alarmed, or likely to respond violently. The court emphasized that mere profanity toward police usually does not amount to disorderly conduct because officers are expected to exercise restraint.​

For defendants, Starr underscores that offensive speech alone, without threats, incitement, or disturbance, remains strongly protected, especially in interactions with law enforcement.