Man jailed due to colorful language

Published on Thursday, 28 August 2014 11:25 - Written by Kenneth Dean kdean@tylerpaper.com

A Tyler man recently discovered that his First Amendment right to free speech only goes so far before you can be arrested for disorderly conduct due to continuous profanity. 

Tyler Police Public Information Officer Don Martin said the 23-year-old man was told multiple times by officers to stop cussing in his front yard, but the man continued despite the repeated warnings. 

Martin said officers were dispatched to a home in the 1800 block of Carlyle Avenue Monday shortly before 4 p.m. on a domestic disturbance call.

"When officers arrived on scene, they found the male and female involved in a dispute in the front yard. The officers attempted to separate the two, but neither party wanted to leave," he said.

Martin said the officers decided to watch from across the street to make certain the situation did not escalate into an assault.

While officers were watching, Martin said the man uttered a line of curse words loud enough for area residents to hear, so officers told him to refrain from the language.

Martin said the man continued, so he was arrested.

"He was belligerently cussing the officers in public," he said. 

Martin explained that Tyler officers have been trained to take verbal abuse. If a person is cussing the officers out of earshot of the public, they usually just take the tongue-lashing. 

But when it can be offensive to the public, then officers can make an arrest for disorderly conduct. 

"It's a discretionary deal and in this case, he would not listen to the officers," he said.

The man was bonded out of jail shortly after being booked into the Smith County Jail. A search of records shows the man has a long criminal history.