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State v. Perkins

Citations

  • 412 S.E.2d 385
  • 306 S.C. 353
  • 1991 S.C. LEXIS 255

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that raising voices to police officers, standing alone, is insufficient to convict of disorderly conduct
  • “[A]ppellants cannot be punished under § 16-17-530(a) for voicing their objections to sheriffs officers where the record indicates no use of fighting words.”
  • “[Ajppellants cannot be punished under § 16-17-530(a) for voicing their objections to sheriffs officers where the record indicates no use of fighting words.”
  • disorderly conduct statute was unconstitutionally applied to defendant not because he did not engage in conduct prohibited by the statute but because his conduct was protected by the First Amendment
  • First Amendment protects a significant amount of verbal criticism and challenge directed at police officers; State may not punish a person for voicing an objection to a police officer where no fighting words are used

Source: CourtListener parenthetical corpus (CC0).

Judges: Gregory, Harwell, Chandler, Finney, Toal

Read full opinion on CourtListener

Cited by

12 cases in this archive cite this case.

Cites

3 cases in this archive are cited by this case.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.