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This section contains the nature of the case and procedural background.

D was in attendance at the 1991 Pegasus Parade. General Schwartzkopf was performing as the Grand Marshal of the event. Police got a complaint from a mother with four infant children that D was shouting obscenities at the military components of the parade. The officer told D to stop and asked her to move. D refused to move and called the officer a 'Nazi pig motherfucker.' D was charged with disorderly conduct and placed under arrest. The jury was instructed that conviction required a finding that D intended to cause public inconvenience, annoyance or alarm, or wantonly created a risk thereof, did (a) Make an unreasonable noise OR (b) Created a hazardous or physically offensive condition by an act that served no legitimate purpose.' Disorderly conduct under the statute was defined as (1) A person is guilty of disorderly conduct when in a public place and with intent to cause public inconvenience, annoyance or alarm, or wantonly creating a risk thereof, he: (a) Engages in fighting or in violent, tumultuous or threatening behavior; or (b) Makes unreasonable noise; or (c) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency; or (d) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose. D was found guilty and appealed. The Court of Appeals reversed and P appealed.

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