My point is that this is a valid form of protest. And considering that it gets both results and attention, it's an effective form of protest. I don't think those criticizing a religion are somehow obligated to play nice.
" On appeal, the North Dakota high court affirmed the trial court in its May 11 decision in
In Re A.R. The state high court noted that the police report indicated A.R. engaged in more than just speech but also harassing conduct "
Seems to me that the conduct was more instrumental in the conviction. If I scream things in people's faces, no matter what, that's grounds for arrest. Meanwhile, if I spent my time writing a hateful screed in my basement to publish on an internet form, that's not remotely the same.
Also, from the second link you gave me: " The Supreme Court reviewed the relevant case law, State of Connecticut v. Baccala, in which a woman yelled vulgar insults at a store manager in Vernon in 2013, using a crude term for a woman’s anatomy. The judges said their ruling was in line with that case, in which the C-word was held to be protected by free speech legislation.
The Supreme Court determined offensive and vile speech in that case should not lead to a criminal conviction. "
From the third link you sent me: " Ovadal maintains that street preaching and sidewalk evangelizing are protected even if loud and boisterous. Ovadal is correct that this type of speech is protected. "
" Here, however, Ovadal’s actions amounted to more than just speech. He approached Erickson, and the group formed a semi-circle around her. Ovadal continued shouting at Erickson for over six minutes and refused to move back when the warden asked him to. This was non-speech conduct.
See Barnes v. Glen Theatre, Inc., 501 U.S. 560, 567 (1991) (“[W]hen ‘speech’ and ‘non-speech’ elements are combined in the same course of conduct, a sufficiently important governmental interest in regulating the non-speech element can justify incidental limitations on First Amendment freedoms.”). "
So in other words, he was penalized for his non-speech conduct.
Okay, there is "one law". If you look at Supreme Court precedent. It's just not the law you want.
Well, you're wrong. It is protected speech, at least in the United States. That much is not in dispute.
However, if you're arguing whether or not it *should* be protected, that's an entirely different matter. But you said "is", which refers to the present tense.