Do Disorderly Conduct Laws Violate Free Speech?

 Posted on November 21, 2024 in Criminal Defense

Because more and more election workers are being harassed and even threatened, the Marathon County Board of Supervisors recently voted to approve a revision of the county’s disorderly conduct ordinance. The change would allow law enforcement to cite an individual when harassing behavior is directed toward an election official.

Before the change, the ordinance prohibited a person from engaging in "violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which conduct tends to cause or provoke a disturbance." The change in the ordinance adds a line addressing the behaviors listed above when directed at an election official.

Although the ordinance passed, there was some pushback among several board members who objected, saying they were concerned that the ordinance violated constitutionally guaranteed free speech. Another stated that he feared the ordinance could hinder a citizen’s ability to question election integrity. Violation of the new ordinance could bring a fine between $500 and $1,000.

You must take the charges seriously if you have been charged with disorderly conduct. In addition to fines, you could face other, more severe penalties. Speaking to a Milwaukee County, WI disorderly conduct lawyer from Bucher, Wolff & Sonderhouse, LLP can be extremely beneficial if you are facing disorderly conduct charges.  

Disorderly Conduct Laws in Wisconsin

Disorderly conduct is usually charged as a Class B misdemeanor in the state of Wisconsin under Wisconsin Statute 947.01 and can cover a wide range of behaviors that cause others to be frightened or disturbed. The statute is very broad, making it difficult to precisely define disorderly conduct, particularly since the statute does not specify what is considered "disorderly."

This leaves the decision of whether a person will be arrested for disorderly conduct largely up to the discretion of law enforcement. A physical brawl in public, which is likely to disturb those nearby, is considered disorderly conduct. Continuously making unreasonable noise, including honking a car horn, yelling, singing at the top of one’s lungs, or playing loud music, falls under disorderly conduct.

Using obscene language or gestures, swearing at others, behaving in a sexually aggressive way, or making harassing comments are all considered disorderly conduct. Disrupting a lawful assembly or meeting, including musical performances, religious services, public meetings, and more, could result in disorderly conduct charges.

Penalties for Disorderly Conduct in Wisconsin

A conviction for disorderly conduct in Wisconsin could result in up to 90 days in jail and a fine of up to $1,000. Punishment severity is often dependent on the circumstances surrounding the incident. If others are threatened or suffer from your disorderly conduct, your punishment is likely to be more severe.

Penalties will likely be more severe if a prior conviction for disorderly conduct exists. If the disorderly conduct targets a single person, the charges could include intimidation of a victim. This is a Class A misdemeanor, with penalties of up to nine months in jail and a maximum fine of $10,000. Just as serious, with a conviction for disorderly conduct on a person’s record, it could be difficult to find employment in the future.  

Defenses to Disorderly Conduct

One of the primary defenses against charges of disorderly conduct is lack of intent. A person may have acted in an offensive manner without knowing others would find the behavior offensive. Other potential defenses to charges of disorderly conduct include:

• The First Amendment protects the targeted speech or gesture.
• The noise made was not "unreasonable."
• A physical alteration or discharge of a firearm was an act of self-defense.
• There was provocation from others.

Contact a Waukesha County, WI Disorderly Conduct Lawyer

If you are facing charges of disorderly conduct, you need a highly experienced Waukesha, WI disorderly conduct attorney from Bucher, Wolff & Sonderhouse, LLP as your legal advocate - especially if you are claiming your right to free speech was violated. Our lawyers are available seven days a week, 24 hours a day, because we understand that most people are not arrested during regular office hours.

We will be by your side from start to finish, working hard to have your charges reduced or dropped. We will negotiate for the lightest sentence possible if a conviction is inevitable. Call 262-232-6699 to schedule your free consultation.