Alabama’s Anti-Cussing Bill: An Unconstitutional Overreach That Will Cost Taxpayers

Alabama lawmakers are once again pushing a bill that will do little more than clog our courts, waste taxpayer dollars, and infringe on our constitutional rights. The latest proposal, currently in committee, would make it a misdemeanor to curse at police officers, firefighters, or any first responder. While respecting those who serve our communities is important, criminalizing speech—no matter how rude or offensive—blatantly violates the First Amendment.

HB224 sponsored by Rep. Allen Treadaway (R-Morris) would also prevent someone from being less 25 feet away from a first responder if ordered to get back. That may be a legitimate request, but swearing is a first amendment right. Anyone in violation of this law could be charged with a Class A misdemeanor, punishable by up to a year in jail and a $6,000 fine.

Let’s be clear: this law is unnecessary. Disorderly conduct statutes already give law enforcement the discretion to address situations where profanity escalates into truly disruptive behavior. Officers can and do arrest individuals who cross the line into harassment or threats. However, this bill goes much further by forcing officers to arrest anyone who utters a curse word in their direction, regardless of the context. That’s not law enforcement—it’s government-mandated overreaction.

The U.S. Supreme Court has long held that offensive speech, including profanity, is protected under the First Amendment. In Cohen v. California (1971), the Court ruled that a man who wore a jacket reading “F*** the Draft” in a courthouse could not be punished simply for using profanity in public. If that’s protected, why wouldn’t calling an officer a name—however disrespectful and shameful—fall under the same constitutional protection?

This bill also opens the door to selective enforcement. Who determines what qualifies as a violation? If someone yells an obscenity in frustration but isn’t directing it at an officer, are they still breaking the law? What about someone who mutters a curse under their breath? This kind of vague legislation invites abuse and could be used to silence criticism of law enforcement rather than maintain public order.

And then there’s the financial impact. If passed, this law will inevitably be challenged in court, costing Alabama taxpayers hundreds of thousands of dollars in legal fees. Other states have attempted similar overreaches, only to see them struck down in federal courts. With the state already facing budget concerns in multiple areas, do we really need to waste money defending an indefensible law?

Instead of pushing unconstitutional, feel-good legislation, lawmakers should focus on real issues affecting Alabamians. Our first responders deserve respect, but forced civility at the cost of constitutional rights is a dangerous precedent. Alabama legislators should reject this bill before it turns into an expensive embarrassment.