Can a cop arrest you for cursing? at school?????

Asked almost 2 years ago - China Grove, NC

my brother was cursing at his friend at school just picking around and ( yet there are other children who curse and he says notting to him but he has to say to other kids who he dont like? mm thats not right. he told my brother that next time he cused that he was going to arrest him. to be honest what has this world come to ? cops trying to threating kids saying they going to arrest him for just that what can i do and tell the school?

Attorney answers (2)

  1. 1

    Lawyer agrees

    Answered . What has this world coming to? Why is your brother using this language at school anyway. It is unlikely that the officer can and will arrest your bother unless there is something else going on. Without a proper consultation, there is no way to give an accurate answer. If your brother is considered a distraction in the classroom he can be suspended or otherwise punished. Students do not have absolute first amendment rights in the school building.

  2. 1

    Lawyer agrees

    Answered . If your brother is a juvenile, he can be placed in secured custody (arrested) and served with a petition for disorderly conduct. If he is an adult, he can be arrested for disorderly conduct, contributing to the delinquency of a minor, etc. Sounds like the better course of action would be to stop cussing at school and respect authority. Your brother will be held responsible for his own actions, not judged by the actions of others.

    The information provided by Attorney Matthew V. Silva is based upon the generic and ambiguous facts presented in... more

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