State v. Perkins, 412 S.E.2d 385 (S.C. 1991). · Go Syfert
State v. Perkins, 412 S.E.2d 385 (S.C. 1991). Cases Citing This Book View Copy Cite
53 citation events (40 in the last 25 years) across 3 distinct courts.
Strongest positive: State v. Gault (scctapp, 2007-10-19)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) State v. Gault (2×) also: Cited as authority (quoted)
S.C. Ct. App. · 2007 · quote attribution · 2 verbatim quotes · confidence high
ajppellants cannot be punished under 16-17-530(a) for voicing their objections to sheriffs officers where the record indicates no use of fighting words.
examined Cited as authority (verbatim quote) State v. Bailey (2×) also: Cited as authority (quoted)
S.C. Ct. App. · 2006 · signal: see · quote attribution · 2 verbatim quotes · confidence high
ppellants cannot be punished under 16-17-530(a) for voicing their objections to sheriffs officers where the record indicates no use of fighting words.
discussed Cited as authority (rule) In the Interest of Jeremiah W. (2×)
S.C. Ct. App. · 2003 · confidence medium
“The freedom of individuals verbally to oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state.”' State v. Perkins, 306 S.C. 353, 355 , 412 S.E.2d 385, 386 (1991) (citing City of Houston v. Hill, 482 U.S. 451, 462-63 , 107 S.Ct. 2502 , 96 L.Ed.2d 398 (1987)).
examined Cited as authority (rule) City of Landrum v. Sarratt (6×) also: Cited "see"
S.C. Ct. App. · 2002 · confidence medium
In State v. Perkins, our supreme court concluded a conviction under section 16-17-530 required more than raised voices. 306 S.C. 353, 355 , 412 S.E.2d 385, 386 (1991).
discussed Cited "see" State v. Thomas C.F. Jones (2×)
S.C. · 2024 · signal: see · confidence high
See State v. Perkins, 306 S.C. 353, 354 , 412 S.E.2d 385, 386 (1991) ("To punish only spoken words addressed to a police officer, a statute must be limited in scope to fighting words that 'by their very utterance inflict injury or tend to incite an immediate breach of the peace.'" (quoting Hill, 482 U.S. at 461-62 , 107 S. Ct. at 2509-10 , 96 L.Ed.2d at 412 )).
discussed Cited "see" In the Interest of Jeremiah W. (2×)
S.C. · 2004 · signal: see · confidence high
See State v. Perkins, 306 S.C. 353 , 412 S.E.2d 385 (1991) (First Amendment protects a significant amount of verbal criticism and challenge directed at police officers; State may not punish a person for voicing an objection to a police officer where no fighting words are used); State v. Poinsett, 250 S.C. 293 , 157 *623 S.E.2d 570 (1967) (breach of peace is a violation of public order, a disturbance of the public tranquility, by any act or conduct inciting to violence); State v. Peer, 320 S.C. 546 , 466 S.E.2d 375 (Ct.App.1996) (although breach of peace includes acts likely to produce violence…
discussed Cited "see, e.g." State v. Bouye (2×)
S.C. · 1997 · signal: see, e.g. · confidence low
See, e.g., State v. Perkins, 306 S.C. 353 , 412 S.E.2d 385 (1991) (disorderly conduct statute was unconstitutionally applied to defendant not because he did not engage in conduct prohibited by the statute but because his conduct was protected by the First Amendment); City of Columbia v. Brown, 316 S.C. 432 , 450 S.E.2d 117 (Ct.App.1994).
Retrieving the full opinion text from the archive…
The STATE, Respondent
v.
William Gregory PERKINS and Deborah Gail Barnette, Appellants
23520.
Supreme Court of South Carolina.
Dec 9, 1991.
412 S.E.2d 385
James B. King, Anderson, for appellants., Asst. Sol. David F. Stoddard, Anderson, for respondent.
Gregory, Harwell, Chandler, Finney, Toal.
Cited by 13 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #16,203 of 633,719
Citer courts: Court of Appeals of South Caro… (2)
Gregory, Chief Justice:

Appellants were convicted in magistrate’s court of public disorderly conduct pursuant to S.C. Code Ann. § 16-17-530(a) (1985). The circuit court affirmed the convictions. We reverse.

The record indicates the following facts. Appellants went to the Anderson County Sheriffs Office to obtain an incident report regarding an altercation they had with other individuals earlier that day. They needed the incident report in order to obtain a warrant from the magistrate. An employee at the sheriffs office told appellants the report was not yet available. Appellants then “became upset and raised their voices.” They were arrested as they were attempting to leave the sheriffs office.

Section 16-17-530(a) provides:

Any person who shall (a) be found on any highway or at any public place or public gathering in a grossly intoxicated condition or otherwise conducting himself in a disorderly or boisterous manner ... shall be deemed guilty of a misdemeanor____(Emphasis added.)

Appellants challenge the underscored statutory provision as unconstitutionally overbroad under the First Amendment when applied to them.

“[T]he First Amendment protects a significant amount of verbal criticism and challenge directed at police officers.” City of Houston v. Hill, 482 U.S. 451, 461, 107 S. Ct. 2502, 2505, 96 L. Ed. (2d) 398, 412 (1987). The State may not punish a person for voicing an objection to a police officer where no “fighting words” are used. Norwell v. Cincinnati, 414 U.S. 14, 94 S. Ct. 187, 38 L. Ed. (2d) 170 (1973). To punish only spoken words addressed to a police officer, a statute must be limited in scope to fighting words that “by their very utterance inflict injury or tend to incite an immediate breach of the peace.” Hill, 482 U.S. at 461-462, 107 S. Ct. at 2509-10, 96 L. Ed. (2d) at 412 (quoting Lewis v. City of New Orleans, 415 U.S. 130, 94 S. Ct. 970, 39 L. Ed. (2d) (1974). As further noted by the United States Supreme Court, the “fighting words” exception may require narrow application in cases involving words addressed to a police officer “because a prop[*355] erly trained officer may reasonably be expected to exercise a higher degree of restraint than the average citizen.” Hill, 482 U.S. at 462, 107 S. Ct. at 2510, 96 L. Ed. (2d) at 412. As stated by the high court:

The freedom of individuals verbally to oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state.

Id. at 462-63, 107 S. Ct. at 2510, 96 L. Ed. (2d) at 412-13.

Under the foregoing precedent, we conclude appellants cannot be punished under § 16-17-530(a) for voicing their objections to sheriffs officers where the record indicates no use of fighting words.

Reversed.

Harwell, Chandler, Finney and Toal, JJ., concur.