[Download] "City Of Seattle V. Camby" by Supreme Court of Washington * Book PDF Kindle ePub Free
eBook details
- Title: City Of Seattle V. Camby
- Author : Supreme Court of Washington
- Release Date : January 06, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Thomas Camby appeals from a decision of Division One of the Court of Appeals which affirms his conviction for violation of Seattle Municipal Code (SMC) 12A.06.040, the harassment ordinance. Seattle v. Camby, 38 Wash. App. 462, 685 P.2d 665 (1984). At issue is the sufficiency of evidence presented in this "fighting words" prosecution. To determine whether sufficient evidence exists, this court must decide for the first time what test will be applied to analyze "fighting words" when a civilian is the addressee. We hold that an objective test must be applied to evaluate the words spoken. But to pass constitutional muster, the court in applying the test must look at the words in the actual context or situation in which they were said. We find as a matter of law that the words spoken in this situation are not "fighting words" and that no substantial risk of assault was created. We reverse the Court of Appeals decision and dismiss.
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