A Disorderly Conduct Charge from Words and Actions Does Not Violate First Amendment Rights

We have all encountered someone who cannot control themselves when something rubs them the wrong way. Instead of keeping their cool, they take it upon themselves to cause a scene. In Minnesota, taking that scene too far can land you with a disorderly conduct charge.  And as one small-town mayor learned the hard way, no one is above this particular law, even if you are an elected official. His words and actions led to his conviction – even though he claimed his First Amendment rights were violated.

What is a Disorderly Conduct Charge?

In Minnesota, a disorderly conduct charge is when someone “engages in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.” This language is defined so broadly that the statute has been subjected to First Amendment challenges in determining what protected speech is. The Minnesota Supreme Court has narrowed its scope of what is protected to only criminalize the use of fighting words. What does “fighting words” mean you may ask?

Well, that is where the recent case of the former Nisswa Mayor comes into play. Heidmann was convicted of disorderly conduct after aggressively confronting and disregarding police orders during a routine traffic stop. Heidmann took it upon himself to cross a highway with his dog on a leash and confront the police officers. Despite the police officers instructing Heidmann to step back, he did the opposite. Heidmann moved in closer to the police officers and continued to swear and gesture aggressively, even allowing his dog’s leash to go loose, all the while traffic passed by.

On appeal, the Mayor argued his disorderly conduct charge violated his right to free speech under the First Amendment. The Minnesota Court of Appeals, however, disagreed and made an important distinction. The Appeals Court stated that while Heidmann’s statements, in and of themselves, to the police officers were protected and did not constitute fighting words, his overall conduct during the confrontation created a situation that endangered himself, his dog, the police officers, and even passing drivers. So, it was the combination of his words and actions that ultimately led to his disorderly conduct charge resulting in his conviction. Point being, that even when protected speech is involved, that speech and conduct can still yield a disorderly conduct charge.

This case establishes how important statutory interpretation is to the law. In Minnesota, a disorderly conduct charge does not hinge solely on offensive speech. It is the person’s overall “offensive, obscene, abusive, boisterous, or noisy conduct” that can be considered disorderly, even if the person is simultaneously exercising their right to free speech.

Contact A Criminal Defense Attorney

If you find yourself facing a disorderly conduct charge, it is critical to get a Minnesota attorney that understands the nuances of Minnesota statutes, applicable case law, and the strategies connected to them. The North Star team is one you need to fight and counsel you through these challenging times.