FOLLY BEACH, S.C. — A Charleston County deputy arrested a Folly Beach councilman even after he apologized for extending his middle finger toward them because he thought the deputy was a Folly Beach police officer instead.
The deputy found 31-year-old Donald “DJ” Rich standing in the middle of a Folly Beach road around 2 a.m. Saturday, unsteady on his feet and smelling of alcohol. As the officer approached, Rich started cussing and made the obscene gesture.
Rich issued a statement Saturday saying he thought the officer was a friend he jokes with on the Folly Beach force. He said that was no excuse for his actions and promised something like this won’t happen again.
Why adults see the need to get so intoxicated that they do things to lose respect of others, lose jobs, lose their life or kill someone while driving eludes me.
BSNM, he was arrested most likely for his ignorance due to intoxication. The article does not clearly list the charge(s) but public intoxication and disorderly conduct would certainly be appropriate in this case.
And, yes, cussing out a cop and/or flipping him/her off in public is and should be a crime. We pay our law enforcement officers to go into situations and try to resolve them that others do not wish to deal with. Therefore,we should back them in their efforts and demand that citizens respect the rule of law and those enforcing those laws. Blatent and outward disprespect towards law enforcement should not be tollerated. In most cases with drunks and/or unruly persons, if they would simply shut their mouths and leave as instructed it would be the end of the situation. As for police cussing at a civilian, it is just as wrong depending on the circumstances. Once they cross a line into criminal actions such as fighting or drawing a weapon, etc. then all bets are off.
Freedom of speech baby !! Drop the charges. Then, charge the cop with making a "false arrest" !!
Section 16-11-39 Disorderly conduct
(a) A person commits the offense of disorderly conduct when such person commits any of the following:
(1) Acts in a violent or tumultuous manner toward another person whereby such person is placed in reasonable fear of the safety of such person’s life, limb, or health;
(2) Acts in a violent or tumultuous manner toward another person whereby the property of such person is placed in danger of being damaged or destroyed;
(3) Without provocation, uses to or of another person in such other person’s presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach of the peace, that is to say, words which as a matter of common knowledge and under ordinary circumstances will, when used to or of another person in such other person’s presence, naturally tend to provoke violent resentment, that is, words commonly called “fighting words”; or
(4) Without provocation, uses obscene and vulgar or profane language in the presence of or by telephone to a person under the age of 14 years which threatens an immediate breach of the peace.
The First amendment clearly covers obscene and/or fighting words: The Supreme Court has also recognized that the government may prohibit some speech that may cause a breach of the peace or cause violence. For more on unprotected and less protected categories of speech see advocacy of illegal action, fighting words, commercial speech and obscenity. The right to free speech includes other mediums of expression that communicate a message. The level of protection speech receives also depends on the forum in which it takes place.
I belive in free speach but I also believe in a civil society with respect for others and authority. Normal, law abiding productive members of society simply don't act in this manner except maybe when they are drunk and disorderly in public so either way, this arrest and many others like it are not only justified but warranted and upheld by the highest of courts.
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