Free Speech v. Courtroom Decorum

Posted Friday, October 21, 2016 by Andrew Charles Huff

When does your right to Free Speech end when you walk through a courthouse door? Washington Court of Appeals-Division III recently decided that it at least ends when a judge is no longer able to do his or her job. This was the issue taken up by Mr. Dennis Patterson, who appealed his convictions for disorderly conduct and interference with a court.

Last year, Mr. Patterson and several others gathered in the courtroom of a judge they did not believe held the authority to judge anyone. As the Judge entered the courtroom, Mr. Patterson remained standing and began to loudly read a prepared statement. He continued doing so despite repeated warnings, causing the judge to declare a recess and ordering Mr. Patterson to leave. Eventually, he was told to leave or he would be charged with trespassing and disorderly conduct. He refused to do so and was arrested. The entire interruption delayed court proceedings by 20 minutes.

Patterson argued a provision of the disorderly conduct statute was overbroad and infringed on his protected speech. He argued the State presented insufficient evidence of his intent to disrupt or interfere with court proceedings.Washington’s disorderly conduct statute makes it a misdemeanor to engage in four proscribed forms of speech and/or conduct. The provision at issue here is whether he “Intentionally disrupt(ed) any lawful assembly or meeting of persons without lawful authority.”

However, the court determined that a rational trier of fact could have found that Mr. Patterson acted with the intent and his right to free speech was not infringed.

No. 33814-2-111 State v. Patterson