Brooks v. State, 305 S.E.2d 436 (Ga. Ct. App. 1983). · Go Syfert
Brooks v. State, 305 S.E.2d 436 (Ga. Ct. App. 1983). Cases Citing This Book View Copy Cite
63 citation events (25 in the last 25 years) across 2 distinct courts.
Strongest positive: Lawrence R. Merenda v. Justin J. Tabor (ca11, 2013-02-01)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Lawrence R. Merenda v. Justin J. Tabor (2×) also: Cited as authority (quoted)
11th Cir. · 2013 · quote attribution · 2 verbatim quotes · confidence high
we find that pointing to officer glasgow and yelling to a large crowd of 150 to 200 people that 'this man here is a dog1 is the type of language commonly called 'fighting words' ...
discussed Cited as authority (rule) Knowles v. the State (2×)
Ga. Ct. App. · 2017 · confidence medium
See Anderson v. State, 231 Ga. App. 807, 809 (1) ( 499 SE2d 717 ) (1998), abrogated on other grounds by Golden Peanut Co. v. Bass, 249 Ga. App. 224 ( 547 SE2d 637 ) (2001); Evans v. State, 188 Ga. App. 347, 347 (1) ( 373 SE2d 52 ) (1988); Brooks v. State, 166 Ga. App. 704, 705 ( 305 SE2d 436 ) (1983).
discussed Cited as authority (rule) Interest of L. E. N.
Ga. Ct. App. · 2009 · confidence medium
See, e.g., Tucker v. State, 233 Ga. App. 314, 317 (2) ( 504 SE2d 250 ) (1998) (defendant loudly called women in the bar “f— ing c-ts” and used phrase “f— you” several times); Brooks v. State, 166 Ga. App. 704, 705 ( 305 SE2d 436 ) (1983) (defendant gestured at police officer and yelled to a crowd of 150 to 200 people that “[t]his man here is a dog”); Bolden, 148 Ga. App. at 316 (4) (woman called officer “son of a b[.],” “motherfi — ]er,” “bastard,” “motherf[ — ]ing pig,” and “pig”).
examined Cited as authority (rule) Sandidge v. State (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2006 · confidence medium
Compare Anderson v. State, 231 Ga. App. 807, 809 (1) ( 499 SE2d 717 ) (1998), abrogated on other grounds, Golden Peanut Co. v. Bass, 249 Ga. App. 224 ( 547 SE2d 637 ) (2001) (defendant’s statements calling sheriff a “no-good son of a bitch” and threatening to kick his “ass” were fighting words); Person v. State, 206 Ga. App. 324, 325 (1) ( 425 SE2d 371 ) (1992) (fighting words found when defendant used profane, abusive language throughout the encounter with the officer and screamed in officer’s face, “I’m not going to any g_d_n jail and I’m not wearing any mother-f_g handcuff…
discussed Cited as authority (rule) Turner v. State
Ga. Ct. App. · 2005 · confidence medium
See Cunningham v. State, 260 Ga. 827, 831 (1) ( 400 SE2d 916 ) (1991) (“while language on a bumper sticker might provoke outrage, the face to face confrontation necessary to trigger the exception allowing regulation of ‘fighting words’ would be unlikely”); compare Tucker v. State, 233 Ga. App. 314, 316-318 (2) ( 504 SE2d 250 ) (1998) (defendant was hostile and shouted obscenities at innocent bystanders and police); Brooks v. State, 166 Ga. App. 704, 705-706 ( 305 SE2d 436 ) (1983) (gesturing at officer and yelling in a crowd of 150 people that cops are dogs).
discussed Cited as authority (rule) Delaney v. State
Ga. Ct. App. · 2004 · confidence medium
Blackburn, P. J., and Barnes, J., concur. 1 Lundgren v. State, 238 Ga. App. 425, 426 ( 518 SE2d 908 ) (1999). 2 (Citation omitted.) Id. 3 Id. at 427 . 4 Compare Evans v. State, 241 Ga. App. 32, 33 (3) ( 525 SE2d 780 ) (1999) (defendant responded to security officer’s questions about stealing cotton candy by saying, “F— that, that does not haves— todo with us”); Tucker v. State, 233 Ga.App. 314, 317 (2) ( 504 SE2d 250 ) (1998) (defendant loudly called women in the bar “f — ing c-ts” and used phrase “f— you” several times); Anderson v. State, 231 Ga. App. 807, 809 (1) ( 499…
discussed Cited as authority (rule) Preacher v. State
Ga. Ct. App. · 2002 · confidence medium
Andrews, P. J., and Mikell, J., concur. 1 Patterson v. State, 244 Ga. App. 222 -223 ( 535 SE2d 269 ) (2000). 2 See Tucker v. State, 233 Ga. App. 314, 317 (2) ( 504 SE2d 250 ) (1998). 3 See Brooks v. State, 166 Ga. App. 704, 706 ( 305 SE2d 436 ) (1983). 4 See id. 5 See Campbell v. State, 221 Ga. App. 105, 107 (2) ( 470 SE2d 503 ) (1996). 6 241 Ga. App. 847, 849 (a) ( 527 SE2d 595 ) (2000), cert. granted, Case No. S00G0825 (2000). 7 See Scott v. State, 123 Ga. App. 675, 676-677 ( 182 SE2d 183 ) (1971). 8 Jackson v. State, 236 Ga. App. 260, 261 ( 511 SE2d 615 ) (1999). 9 Count 2 charged Preacher …
cited Cited as authority (rule) Williams v. State
Ga. Ct. App. · 1997 · confidence medium
Brooks v. State, 166 Ga. App. 704, 706 ( 305 SE2d 436 ).
cited Cited as authority (rule) Reagin v. State
Ga. Ct. App. · 1995 · confidence medium
Brooks v. State, 166 Ga. App. 704, 706 ( 305 SE2d 436 ).
discussed Cited as authority (rule) Person v. State
Ga. Ct. App. · 1992 · confidence medium
“See in this regard Johnson v. State, 143 Ga. App. 826 ( 240 SE2d 207 ) (1977), where [it was] held that appellant’s loud and abusive use of obscene and insulting language to a policeman, thereby attracting a crowd of people, constituted ‘fighting words.’ ” Brooks v. State, 166 Ga. App. 704, 705 ( 305 SE2d 436 ). 2.
cited Cited as authority (rule) Robinson v. State
Ga. Ct. App. · 1987 · confidence medium
Beck v. Ohio, 379 U. S. 89, 91 (85 SC 223, 13 LE2d 142).” Brooks v. State, 166 Ga. App. 704, 705-706 ( 305 SE2d 436 ).
discussed Cited "see" Lundgren v. State
Ga. Ct. App. · 1999 · signal: see · confidence high
Crolley v. State, 182 Ga. App. 2, 3-4 ( 354 SE2d 864 ) (1987); see Brooks v. State, 166 Ga. *427 App. 704, 705-706 ( 305 SE2d 436 ) (1983) (gesturing at a police officer and yelling to a large crowd of 150 to 200 people that “cops are dogs,” constituted “fighting words”).
discussed Cited "see" Nunn v. State (2×)
Ga. Ct. App. · 1997 · signal: see · confidence high
See Brooks v. State, 166 Ga. App. 704 ( 305 SE2d 436 ).
discussed Cited "see" McKenzie v. State (2×)
Ga. Ct. App. · 1993 · signal: see · confidence high
See Brooks v. State, 166 Ga. App. 704 ( 305 SE2d 436 ) (1983). 2.
discussed Cited "see" Johnson v. State (2×)
Ga. Ct. App. · 1991 · signal: see · confidence high
See Brooks v. State, 166 Ga. App. 704, 706 ( 305 SE2d 436 ) (1983).
discussed Cited "see" Crolley v. State (2×)
Ga. Ct. App. · 1987 · signal: see · confidence high
See generally Brooks v. State, 166 Ga. App. 704 ( 305 SE2d 436 ) (1983).
discussed Cited "see, e.g." Tucker v. State (2×)
Ga. Ct. App. · 1998 · signal: see also · confidence medium
“In determining if words uttered are such as to incite an immediate breach of the peace, it is not necessary that the State prove the effect of the words upon a particular individual; that is, whether the individual to whom the words were addressed or in whose presence the words were spoken was incited to hostile action. [OCGA § 16-11-39 (a) (3)] makes no distinction between the types of persons to whom the words are uttered.” Davenport, supra at 214-215 ; see also Brooks v. State, 166 Ga. App. 704, 705 ( 305 SE2d 436 ) (1983).
examined Cited "see, e.g." Davenport v. State (8×)
Ga. Ct. App. · 1987 · signal: see also · confidence medium
See also Brooks v. State, 166 Ga. App. 704, 705 ( 305 SE2d 436 ).
Retrieving the full opinion text from the archive…
Brooks
v.
the State; Johnson v. the State
65768, 65769.
Court of Appeals of Georgia.
May 20, 1983.
305 S.E.2d 436
1983 Ga. App. LEXIS 3265
Kenneth R. Croy, for appellants., James L. Webb, Solicitor, Deborah S. Greene, Assistant Solicitor, for appellee.
Sognier, Quillian, Pope.
Cited by 28 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 59%
Citer courts: Eleventh Circuit (1)
Sognier, Judge.

In a joint trial Brooks was convicted of simple assault and Johnson was convicted of obstructing a law enforcement officer in the discharge of his official duty. They appeal on the general grounds.

Brooks and Johnson were part of a small group carrying a banner down Peachtree Street in Atlanta, Georgia, claiming that the conviction of Wayne Williams for the murder of two children was a police cover-up. It was the evening rush hour and the group was partially blocking the sidewalk in front of the main MARTA train station. R. R. Glasgow, a police officer on duty in the area, approached the group to request that they move to one side of the walk so they would not obstruct pedestrian traffic. As Glasgow approached, Brooks started shouting that “[a]ll cops are dogs”; pointing his finger at Glasgow, Brooks yelled: “Like this man right here... This man here is a dog.” Glasgow then told Brooks that he was under arrest and grabbed him by the arm. Brooks jerked his arm away and Glasgow radioed for assistance; Glasgow then grabbed Brooks, who started swinging his arms wildly at Glasgow. At this point appellant Johnson bumped Glasgow’s back and grabbed his arm to prevent Glasgow from arresting Brooks. Other police arrived on the scene and after a slight scuffle Brooks and Johnson were handcuffed and arrested.

Because both appellants were acquitted of a charge of using opprobrious and abusive language, they contend that Glasgow’s attempt to arrest Brooks for that offense was illegal. Thus, argue appellants, Brooks was authorized to resist arrest by committing the simple assault on Glasgow, and Johnson was authorized to come to Brooks’ assistance.

OCGA § 16-11-39 (Code Ann. § 26-2610) provides: “A person who commits any of the following acts commits a misdemeanor: (1) Without provocation, uses to or of another, in his presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach of the peace, that is to say, words which as a matter of common knowledge and under ordinary circumstances will, when used to or of another person in his presence, naturally tend to provoke violent resentment, that is, words commonly called ‘fighting words’; . . .” There is no question that appellant Brooks’ utterance of the words in question was without provocation and that they were spoken in Officer Glasgow’s presence. Thus, we must determine first whether the words used constituted “fighting words” within the meaning of the Code, for the United States Supreme Court[*705] has limited the prohibition against use of abusive and obscene words to “fighting words.” Chaplinsky v. New Hampshire, 315 U. S. 568, 571-572 (2) (62 SC 766, 86 LE 1031). In that case the court stated that “it is well understood that the right of free speech is not absolute at all times and under all circumstances. There are certain well defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem. These include ... the insulting or ‘fighting’ words — those which by their very utterance . . . tend to incite an immediate breach of the peace.”

In discussing the test laid down in Chaplinsky this court stated that “this test has not been interpreted to mean that the state must prove the effect of the words upon a particular individual; that is, whether the individual to whom the words were addressed was incited to action by their utterance. [OCGA § 16-11-39 (1) (Code Ann. § 26-2610)] makes no distinction between the types of persons to whom the words are uttered. The fact that a policeman admits that he is used to hearing obscene language during the performance of his duties is not a defense available to the defendant under this code section.” Bolden v. State, 148 Ga. App. 315, 316 (2) (251 SE2d 165) (1978). Applying these tests to the instant case we find that pointing to Officer Glasgow and yelling to a large crowd of 150 to 200 people that “[t]his man here is a dog” is the type of language commonly called “fighting words” which “naturally tend to provoke violent resentment.” See in this regard Johnson v. State, 143 Ga. App. 826 (240 SE2d 207) (1977), where we held that appellant’s loud and abusive use of obscene and insulting language to a policewoman, thereby attracting a crowd of people, constituted “fighting words.” Our conclusion is supported by Cantwell v. Connecticut, 310 U. S. 296, 309-310 (60 SC 900, 84 LE 1213), in which the United States Supreme Court held: “Resort to epithets or personal abuse is not in any proper sense communication of information or opinion safeguarded by the Constitution, and its punishment as a criminal act would raise no question under that instrument.”

Having concluded that Brooks’ utterances constituted “fighting words” we now turn to appellants’ contention that because they were acquitted of the charge of using opprobrious and abusive language their arrest was illegal, thereby entitling them to resist arrest. OCGA § 17-4-20 (Code Ann. § 27-207) provides that an arrest may be made by a law enforcement officer without a warrant if an offense is committed in his presence. The constitutional validity of an arrest without a warrant depends upon whether the arresting officer had probable cause to believe the defendant was committing, or had committed, an offense in the officer’s presence. Beck v. Ohio, 379 U.[*706] S. 89, 91 (85 SC 223, 13 LE2d 142). Further, there is a great difference between what is required to prove guilt in a criminal case and what is required to show probable cause for arrest. Draper v. United States, 358 U. S. 307, 311-312 (79 SC 329, 3 LE2d 327).

Decided May 20, 1983. Kenneth R. Croy, for appellants. James L. Webb, Solicitor, Deborah S. Greene, Assistant Solicitor, for appellee.

Under the circumstances of this case we find that Officer Glasgow had probable cause to believe that an offense was being committed in his presence, and therefore, he was authorized to arrest Brooks without a warrant. Johnson, supra. The fact that appellants were found not guilty of the charge of using opprobrious and abusive language is immaterial as to the legality of the arrest, because “[i]t is not necessary that the accused be found guilty, for the arrest may still be lawful.” Barlow v. State, 145 Ga. App. 93 (243 SE2d 328) (1978); Evans v. State, 151 Ga. App. 885, 886 (2) (262 SE2d 199) (1979). Since the arrest was lawful, the evidence was more than sufficient to meet the requirements of Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560).

Judgment affirmed.

Quillian, P. J., and Pope, J, concur.