It’s Legal Again to Say ‘You Call That A Strike You @#$%and!’ in Georgia

It’s OK again to heckle a referee in Georgia-thanks to the Georgia Supreme Court.

The Georgia Supreme Court struck down a law that made it a misdemeanor if a person “recklessly or knowingly commits any act which may reasonably be expected to prevent or disrupt a lawful meeting, gathering, or procession.” The court found that the statute was overbroad because it stifled expression or conduct that is otherwise protected by the U.S. Constitution.

The statute was questioned when two persons were charged as a result of their actions at a Valdosta City Council meeting. One of the persons stood silently in support of the second person who after speaking during the “Citizens to be Heard” portion of the meeting refused the mayor’s request to step down from the podium. The trial court found the statute unconstitutionally vague and overbroad.

The Supreme Court said the law was not vague but it was unconstitutionally overbroad. “It does not matter under the statute where or when the accused commits the proscribed act; it does not even matter whether the act, upon commission, results in any actual prevention or disruption,” the court wrote. “Any recklessly or knowingly committed act that could reasonably be expected to prevent or disrupt a lawful meeting, gathering or procession is a misdemeanor, regardless where it is committed, how trivial the act, its impact, or the intent of the actor other than the intent to commit the act itself. OCGA Sec. 16-11-34(a) applies to the reckless or knowing commission of such acts as heckling a referee at a sports venue, leaving on the audible ringer of a cellphone during a business symposium, changing lanes into a funeral procession on a rainy day, even playing the stereo loudly in an apartment while a neighbor hosts a dinner party,” the opinion said.

State v. Fielden and State v. Touchton, Georgia S.Ct., S06A0282 and S06A0283, April 25, 2006.