Q: I made a comment under emotional duress as I was being detained and was charged with disorderly conduct.
I was being detained (by a probation officer) and uttered out loud to myself " I should have killed that bitch when I had the chance" and was arrested for disorderly conduct. I did not say anyone's name, nor did I imply it as a threat, it was just out of frustration.
Can I use the First Amendment of the right to free speech as a defense?
A: You were already on probation? Probation in and of itself is a big break. Disorderly conduct like that is a violation of probation, Get an attorney on your side to make whatever arguments are available to you. It is not freedom of speech to go into a crowded theatre and shout "fire." Emotional duress? Duress is when someone is threatening physical harm to you . So, what exactly would emotional duress mean? Did you mean distress? I guess you have a problem with choosing the right words to use. Start expanding your vocabulary.
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