Hello. I was out with my kids at the Fourth of July in our town parade and was subjected to a most unpleasant experience. A group of teenagers was sitting near us on the sidewalk using every known swear word and profanity. I didn't do anything about it but it made me wonder if there is some Massachusetts law dealing with swearing and profanity? I don't know but it seems like we should be able to go out with our kids without hearing all that cussing.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Cursing and swearing in public
That sounds like an unpleasant experience. I'm aware of two Massachusetts laws that are somewhat relevant. Massachusetts General Laws Chapter 272, § 36 prohibits blasphemy: "Whoever wilfully blasphemes the holy name of God by denying, cursing or contumeliously reproaching God, his creation, government or final judging of the world, or by cursing or contumeliously reproaching Jesus Christ or the Holy Ghost [etc.]" can be punished by imprisonment for up to one year or by a fine of up to three hundred dollars.
Massachusetts General Laws Chapter 272, § 36A prohibits profanity, obscenity and impure language directed at participants and officials at any sporting event. Offenders may be fined up to fifty dollars. I'm guessing that neither of these two laws are enforced very often (if ever).
However, you should also look into any local ordinances or bylaws on the books of your town or city. Nothing prohibits local governments from using MGL Chapter 40, Section 21D to pass such laws. Section 21D allows cities and towns to pass ordinances or by-laws that "provide for non-criminal disposition of violations of any ordinance or by-law or any rule or regulation of any municipal officer, board or department the violation of which is subject to a specific penalty." Essentially, that section makes it easier for local police to enforce the rule or bylaw. Typically, the local ordinance allows the police to give a citation or written notice to appear before the clerk of the district court, as they would for a violation of other local laws, such as those dealing with excessive noise or loud music, for example. Hope that helps.
Swearing In Public
The First Amendment protects the use of profanity in a public place. The state typically tries to prosecute people who use profanity by charging them with disorderly conduct in violation of Chapter 272 section 53 of the General Laws. In the case of Commonwealth vs. A Juvenile, 368 Mass. 580 (1975), the Massachusetts Supreme Judicial Court held that profanity laced speech is protected by the First Amendment. In that case an unhappy customer in a department store began yelling at the saleswoman using such phrases as "f...ing a...ole" and "f...ing pig". The loud swearing attracted the attention of a crowd. The customer was arrested and charged with disorderly conduct. The court ruled that the speech alone was protected speech and ordered the case dismissed. Generally speaking only "fighting words" are not protected. Fighting words are words which by their very utterance tend to cause infliction of injury or tend to excite an immediate breach of the peace. So, I do not think the kids broke the law by swearing.
Attorney Robert D. Lewin
Swearing in public
I agree with Attorney Lewin. Recently, Middleborough, MA passed an ordinance allowing police to issue $20 tickets to those who are found cursing in public. If the police actually issue tickets under the ordinance, it will not be long until one of the offenders raises a constitutional challenge.