State v. Baccala

The Connecticut Supreme Court reversed defendant's conviction for breach of the peace in the second degree in connection with a customer dispute with a supermarket employee. The court held that the conviction constituted a violation of the First Amendment to the United States constitution because defendant's speech, unaccompanied by threats, did not fall within the narrow category of unprotected fighting words. In this case, the state failed to prove beyond a reasonable doubt that the employee was likely to have retaliated with violence in response to defendant's words under the circumstances in which they were uttered. Accordingly, the court remanded for a judgment of acquittal. View "State v. Baccala" on Justia Law