| | While a Florida appellate judge, Lagoa reversed a disorderly conduct conviction in an impressive stand for [[free speech]] and against the government-is-always-right mindset of many, while quoting humorous [[politically incorrect]] testimony by the defendant: | | While a Florida appellate judge, Lagoa reversed a disorderly conduct conviction in an impressive stand for [[free speech]] and against the government-is-always-right mindset of many, while quoting humorous [[politically incorrect]] testimony by the defendant: |
| − | {{[Defendant] Fields then testified that he was outside the Washington Mutual Bank speaking on the phone with a business associate when he noticed Officer Jackson with his weapon drawn. Upon seeing Officer Jackson, Fields stated, "And what the f-- you're going to do with that gun?" Fields testified that Officer Jackson struck him repeatedly and that he told the officer, "man, you hit like a b--h," and "my mama hit harder than that." Fields also said, "You must come from a line of b--s because you got nothing." This exchange continued until the back-up officers arrived at the scene and arrested Fields. The defense rested and renewed its motion for judgment of acquittal, which the trial court denied. ... | + | {{cquote|[Defendant] Fields then testified that he was outside the Washington Mutual Bank speaking on the phone with a business associate when he noticed Officer Jackson with his weapon drawn. Upon seeing Officer Jackson, Fields stated, "And what the f-- you're going to do with that gun?" Fields testified that Officer Jackson struck him repeatedly and that he told the officer, "man, you hit like a b--h," and "my mama hit harder than that." Fields also said, "You must come from a line of b--s because you got nothing." This exchange continued until the back-up officers arrived at the scene and arrested Fields. The defense rested and renewed its motion for judgment of acquittal, which the trial court denied. ... |
| | Fields' behavior of yelling into his phone and using profanity did not constitute "fighting words" or incite the crowd to action. Simply put, there was no evidence that the crowd gathered out of any purpose other than curiosity or to observe Fields' behavior. | | Fields' behavior of yelling into his phone and using profanity did not constitute "fighting words" or incite the crowd to action. Simply put, there was no evidence that the crowd gathered out of any purpose other than curiosity or to observe Fields' behavior. |
| | ''Fields v. State'', 24 So. 3d 646, 647-49 (Fla. Dist. Ct. App. 2009). | | ''Fields v. State'', 24 So. 3d 646, 647-49 (Fla. Dist. Ct. App. 2009). |