Georgia enacted the following criminal statute: “Any person who shall, without provocation, use to or of another, and in his presence…opprobrious words or abusive language, tending to cause a breach of the peace…shall be guilty of a misdemeanor” (Ga. Code § 26-6303). The US Supreme Court determined that this statute was overbroad, void for vagueness, and unconstitutional under the First Amendment. 1
The Court held that the dictionary definitions of “opprobrious” and “abusive” give them greater reach than fighting words. Thus the statute is overbroad and does not restrict its prohibition to imminent harm. Opprobrious and abusive have various meanings, so the statute is also subject to uneven enforcement and is void for vagueness. As the Court stated, this language “licenses the jury to create its own standard in each case.” 2
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