Breach of the peace
Breach of the peace refers to a category of offenses that disrupt public order and threaten the safety of individuals or communities. This legal concept aims to protect the preservation of peace, a fundamental goal enshrined in the U.S. Constitution. Commonly associated terms include disorderly conduct, disturbance of the peace, and disorderly behavior. Examples of actions classified as breach of the peace include unlawful assembly, riots, public fighting, and harassment, among others. The charge is flexible and can be applied in various situations, often serving as a catch-all for offenses when more specific charges are not applicable. Breach of the peace is typically treated as a misdemeanor. Notably, members of Congress hold immunity from arrest for most offenses while in session, except in cases related to breaches of the peace, felonies, or treason. The Supreme Court has emphasized that mere subjective fears of a breach of the peace cannot justify the suppression of First Amendment rights. This concept plays a significant role in balancing individual freedoms with the need for public order.
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Breach of the peace
SIGNIFICANCE: The preservation of public peace is a basic goal of the U.S. Constitution.
Breach of the peace covers crimes that cause disruption of the peace or infringe on the security of individual citizens or communities. Other terms commonly associated with breach of the peace are disorderly conduct, disorderly behavior, and disturbance of the peace. Individuals can be arrested for breach of the peace for a wide variety of reasons. Offenses classified as breach of the peace include unlawful assembly, riots, harassment, forcible entry, open obscenity, obstruction of the flow of traffic, unlawful discharge of firearms, public fighting, aggressive begging, use of abusive or threatening language, and public drunkenness. Since it is a rather flexible charge that is often implicit in the commission of most crimes, breach of the peace has sometimes been used as a catch-all offense when no alternative charge is available.
Breach of the peace is punishable as a misdemeanor. Article 1 of the U.S. Constitution provides all members of the U.S. Congress with congressional immunity while Congress is in session, meaning that Congress members cannot be arrested for any unlawful offense while going to and from sessions or while in session, except for cases that involve breach of the peace, felony, or treason. In the case of Edwards v. South Carolina in 1963, the U.S. Supreme Court ruled that a subjective, unsupported fear of a breach of the peace was never grounds for suppressing any freedoms guaranteed by the First Amendment of the Constitution.
Bibliography
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