The Federal Appeals court in a hammer blow for the rights of fans to behave like abusive dicks, has found that one Jeffery Swieciki, who was ejected from a game and charged with resisting arrest in 2001 after calling an outfielder a "Fat Ass" was acting within his rights under the First Amendment. Swieciki's abuse was not considered to be "Fighting Words" which would not have been protected under the First Amendment. When asked if he was pleased with the result Mr Swieciki replied "f*cking ay!!" and ripped the top of another brew.
Now this has made it very tricky. What constitutes "fighting words" and what does not. If he had called him a "f*cking fat ass" or an "ugly fat ass" would that have been fighting words. This is all very confusing for the average fan, especially after a few cleansing ales. I think possibly a crib sheet of acceptable insults needs to be handed out at the entrance to grounds to provide clear guidelines. I mean what is the situation if the player chosen to be insulted actually has a fat ass. What if the fan is so drunk that he inadvertently abuses the wrong player or team. The whole thing is a legal minefield. We better have another beer and think about it.
Cincinnati - Cleveland Indians fans have a right to heckle ballplayers from Jacobs Field's bleachers as long as they are not drunk or too rowdy, a federal appeals court ruled. The 2-1 ruling Friday was a victory for Lakewood's Jeffrey Swiecicki, 34, who was ejected and charged with resisting arrest after jeering at outfielder Russell Branyan's "fat ass" at a game in 2001 from the left field bleachers. Baseball fans are expected to be exuberant and the content of Swiecicki's jeers didn't amount to fighting words, which are not protected under the First Amendment, the court said.
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