State v. Robinson, 319 Mont. 82

Summary

The Supreme Court of Montana affirmed the denial of Malachi Cody Robinson's motion to dismiss a disorderly conduct charge based on his profane remarks directed at a police officer. The court held that the remarks constituted unprotected "fighting words" under the First Amendment and Montana law, and declined to follow contrary Ninth Circuit precedent. Justice Cotter dissented, concluding that the officer's status and the circumstances did not establish fighting words.

Holdings

1. Robinson's unprovoked, profane remarks directed at the police officer constituted fighting words and were not protected by the First Amendment.
2. The Montana Supreme Court was not bound by the Ninth Circuit's interpretation of federal constitutional requirements in United States v. Poocha.
3. The District Court did not err in denying Robinson's motion to dismiss.

Questions Presented

1. Whether Robinson's profane remarks directed at a police officer constituted unprotected fighting words under the First Amendment.
2. Whether the Montana Supreme Court was required by the Supremacy Clause to follow the Ninth Circuit's interpretation of the fighting-words exception in United States v. Poocha.
3. Whether the District Court properly denied Robinson's motion to dismiss.

Disposition

affirmed