ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Tuesday, April 22, 1997 TAG: 9704220036
SECTION: VIRGINIA PAGE: C-5 EDITION: METRO
DATELINE: RICHMOND
SOURCE: MICHELLE CROUCH ASSOCIATED PRESS
Virginia is one of several states with a "fighting words" statute that mandates a civil tongue.
Sticks and stones may break your bones, but trash talk in Virginia can get you arrested. A
Leigh Ferek found that out when she cussed out her mother-in-law and was arrested on a charge of violating an archaic law enacted a century ago to ensure Virginians were civil to one another.
``To me, it's a complete outrage,'' said Ferek. ``I can't get a judge to order that my child support be paid on time, but they'll arrest me for swearing? It's made me see that there's a lot of laws that don't work for people.''
Ferek, 23, was arrested under statute No. 18.2-416, Virginia's ``fighting words'' law, which prohibits anyone from using words that potentially cause another to become abusive or to incite a breach of the peace.
Ferek's problems began when her mother-in-law, Rebecca Davis, came to pick up Ferek's daughter for a court-ordered visit Dec. 6.
An offhand remark that day escalated into a shouting match, Ferek said. A complaint Davis filed under the fighting words law alleges that Ferek called her a b____ several times during the encounter.
``The next day, there was a police officer's card in my door, saying he had a warrant for my arrest,'' said Ferek.
Davis refused to comment on the incident.
The statute under which Ferek was arrested dates to at least 1896. A few other states have similar laws.
The laws probably were enacted to prevent dueling, said Steve Benjamin, a Richmond defense attorney.
Richmond defense attorney David Baugh said he has seen a few cases filed under the law.
``It's an absurd, stupid statute,'' Baugh said. ``It basically says it's unlawful to be anything but nice to other folks. If you walk up to a husky person and say `you're fat,' that could be considered abusive.''
``It's written so vaguely that innocent language protected by the First Amendment might be infringed upon,'' he said. ``You have the right to argue. You have the right to be mean. You have the right to tell people to kiss my butt. They might punch you in the face, but you have a right to do it.''
The constitutionality of the law was challenged in Virginia in 1973, but the Virginia Supreme Court upheld it. The U.S. Supreme Court refused to hear an appeal in the case the next year.
A.E. Dick Howard, an expert in constitutional law at the University of Virginia, said constitutional challenges to fighting-words laws in other states have had varying degrees of success.
``These types of laws are meant to cut short an argument before it reaches the stage of violence. The state has an obvious interest in that,'' he said. ``The Supreme Court looks at the law to be sure it's not applied in a way that infringes on free expression. There must be an authentic and real danger of a fight starting.''
Kent Willis, head of the Virginia chapter of the American Civil Liberties Union, said that even though the law is seldom used in Virginia, it needs to be clearer.
``When we go to the Legislature to have them get old laws off the books, their answer is often that the laws are never used,'' said Willis. ``The problem is that they always can be used.''
Ferek went to Chesterfield General District Court to defend herself on the fighting words charge in January.
``We sat through all these other more serious cases. One guy had 13 felony counts. Another one had cocaine possession. Then we get up there and she tells the judge, `She called me a bad word,''' she said.
The judge took the case under advisement and ordered Ferek to return to court July 2. If there is no further bad blood between Ferek and her former mother-in-law, the charge may be dropped.
``The whole thing was just a ridiculous waste of time,'' said Ferek. ``My whole belief in the system is shaken because of this. And I've learned my lesson: Just don't swear at anybody.''
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