Profanity Laws by State 2024

States that Criminalize Profanity

It may be surprising to read that certain states still have, or have recently had, laws that criminalize the use of profanity or obscene words. For example, Alabama, Mississippi, North Carolina, South Carolina, and Virginia all have statutes that make profanity illegal. Such laws are frequently found to be unconstitutional and/or unenforceable, as they often infringe upon the right to free speech, which is guaranteed by the First Amendment.

In North Carolina, a person may be found guilty of a class 3 misdemeanor if they swear, yell or use profane language in the presence or earshot of two or more people. In 2016, South Carolina defended a law in their governing documents that found a person guilty if that person was using profanity near a church or school. The case was appealed but was sustained because it was determined that the defendant had used "fighting words" within earshot of another person. In instances in which a threat of violence is implied, freedom of speech is not assured.

Many states have begun to remove profanity-related laws from their state legal code. In December 2015, Michigan repealed a statute that enabled an offender to be found guilty of a misdemeanor if they used indecent, vulgar, or insulting language in the presence of a child or a woman. The law had been brought to light by a 1999 case in which a canoeist who had fallen into the water was cited for using profane language that was overheard by a deputy and a family of four. The case was overturned on appeal in 2002, with the court noting that the law was so vague that it could apply to a huge percentage of the population (yet also seemed to specifically target males).

History and Federal Stance on Profanity

Until the 1970s, the United States government had found the use of profanity or obscene language to be a criminal act in certain situations. While this may still apply to "fighting words" and other speech that can be legally considered genuine threats to the safety of one's physical person, family, or property, general use of profane and obscene language is a legal gray area. It is generally considered unbecoming of a person to be boisterous, loud, or profane in public, especially in the presence of certain persons (many old profanity laws specifically address the use of profanity near women or children). However, modern courts have found that banning profanity outright would be unconstitutional in most cases, as a ban would violate the speaker's right to free speech, which is guaranteed by the first amendment.

The legality of profane speech is typically taken on a case-by-case basis. Both intent and context are vital determining factors because the right to free speech does have boundaries—particularly when it becomes threatening speech. A person walking around and screaming profanities at no one in particular would likely not be guilty of a crime based upon their speech (although they could possibly be found guilty of being a public nuisance or disturbing the peace). However, if someone is specifically directly profane words or phrases towards another person, especially if the intent is to threaten or influence that person, it can be interpreted as a dangerous threat or harassment (both of which are illegal).