Was Black Harvard Professor Properly Charged with Disorderly Conduct? See the actual law for yourself.

See Massachusetts  Disorderly Conduct Statute – Whether Black Harvard Professor was In Violation of the Law turns on his home being a public place….

 

Com. v. LePore, 666 N.E.2d 152, 40 Mass.App.Ct. 543 (Mass. App. Ct., 1996)

 

A person is “disorderly” under G.L. c. 272, § 53, “if, with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof; he: (a) engages in fighting or threatening, or in violent or tumultuous behavior; or (b) makes unreasonable[40 Mass.App.Ct. 546] noise or offensively coarse utterance, gesture or display, or addresses abusive language to any person present; or (c) creates a hazardous or physically offensive condition by an act which serves no legitimate purpose of the actor.”

 

Alegata v. Commonwealth, 353 Mass. 287, 304, 231 N.E.2d 201 (1967). Commonwealth v. Feigenbaum, 404 Mass. 471, 474, 536 N.E.2d 325 (1989). “

 

 ‘Public’ means affecting or likely to affect persons in a place to which the public or a substantial group has access.” Alegata v. Commonwealth, supra

 

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