Because Freedom Can't Protect Itself

Idaho Supreme Court Protects Free Speech by

Reversing Conviction for Saying “Fuck Off”

FOR IMMEDIATE RELEASE                                                         October 28, 2002

Contact:           Jack Van Valkenburgh, Executive Director – 208-344-9750

                        Dennis Benjamin, Cooperating Attorney – 208-343-1000

BOISE, ID - The American Civil Liberties Union hailed today’s ruling of the Idaho Supreme Court that reversed the conviction of Patrick Suiter for disturbing the peace by saying “fuck off” to an officer.

The Court’s news release can be found at:  http://www2.state.id.us/judicial/opinions/suitnrl.pdf

and the decision can be found at: http://www2.state.id.us/judicial/opinions/suiter.pdf

The unanimous decision of the Court was that “fuck off” is protected speech, was not likely to provoke a reasonable person to violence, and that the conviction by the jury could have been based upon his use of the protected speech.

The ACLU of Idaho and the Idaho Association of Criminal Defense Lawyers jointly submitted an amicus brief on this case.  Dennis Benjamin, as cooperating attorney for the ACLU of Idaho, provided argument to the Idaho Supreme Court.  In response to the court’s ruling, Benjamin said “The speech was offensive and regrettable, but the government should not be trying to play Miss Manners.  That is not the proper role of criminal law in a free country.”