In Re John

WIENER, Acting P.J.

It is an interesting phenomenon in our society that frequently the most pedestrian events can achieve constitutional status. In the "Fuck the Draft," free speech case of Cohen v. California (1971) 403 U.S. 15 [ 29 L.Ed.2d 284 , 91 S.Ct. 1780 ], Justice Harlan said: "This case may seem at first blush too inconsequential to find its way into our books, but the issue it presents is of no small constitutional significance." ( Id., at p. 16 [ 29 L.Ed.2d at p. 288 ].) We have similar feelings in this case where we are asked to determine whether John V.'s act of calling his neighbor a "fucking bitch" violated Penal Code section 415, subdivision (3). [1] That section makes it a misdemeanor for a person to use offensive words in a public place which are inherently likely to provoke an immediate violent reaction.

As we shall explain we reject John's several constitutional arguments and affirm the order modifying one of its probationary terms.

Sixteen-year-old John and Nancy W. are neighbors. John screamed "fucking bitch" at W. as she drove past his house, about 15 to 25 feet away. W. was startled. She felt fear and shock. When she arrived home she was angry.…