Simone Lawson
Yelling at someone in public may constitute harassment depending on the context and the content of the speech. While the First Amendment protects freedom of speech, there are limitations, and certain types of speech can be considered disorderly conduct or harassment. For example, in New Jersey, it is considered disorderly conduct to use unreasonably loud and offensively coarse or abusive language in a public place. Additionally, in Colorado, public property administrators can prohibit activities or conduct [...] that may be reasonably expected to substantially interfere with the use and enjoyment of such places by others. Threats, insults, or language intended to intimidate can also be considered harassment, especially if they are discriminatory in nature. Repeated verbal abuse or yelling that results in emotional distress or a hostile environment can also constitute harassment. Therefore, while yelling in public may not always be illegal, it can cross the line into harassment depending on the specific circumstances and the impact on the victim.
| Characteristics | Values |
|---|---|
| Yelling in public | May be protected by the First Amendment, but it can be considered disorderly conduct if it disturbs the peace |
| Yelling as harassment | Depends on the intention and any pattern of continued harassment; discriminatory yelling based on gender, religion, race, age, or nationality is unlawful |
| Yelling as assault | Requires an overt act or statement that would make a reasonable person fear for their safety; threats must be credible |
| Yelling as verbal harassment | Can result in emotional distress and contribute to a hostile environment |
| Legal action | Varies by state law; some states include yelling as part of harassment or assault laws |
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What You'll Learn
Yelling in public and freedom of speech
The First Amendment of the United States Constitution protects freedom of speech. However, this right is not absolute and does not extend to false statements that are defamatory or discriminatory. Defamation occurs when a false statement causes demonstrable damage to someone, and the speaker is negligent or reckless in their disregard for the truth. Discriminatory insults can also lead to legal liability, depending on the context and state law. For example, in California, the Unruh Act prohibits businesses from using certain types of abusive language that constitute discriminatory conduct.
Yelling in public may constitute harassment, which can lead to civil penalties, depending on the circumstances and the specific state laws. For instance, in Colorado, supervisors, managers, and administrators of public property and spaces have the power to proscribe the acceptable conduct within that public space. Their rules for the use of the space are enforceable by law if they are posted publicly. Under Kentucky's harassment law, it is illegal to follow another person in a public place with the intent to intimidate, harass, annoy, or alarm them. In Florida, the breach of peace and disorderly conduct law includes acts that "outrage the sense of public decency," affect the peace and quiet of witnesses, and constitute a breach of the peace or disorderly conduct. Shouting, homophobic or transphobic slurs, or lewd or sexually explicit comments fall into these categories and can be reported.
To constitute assault, an aggressor must make an overt act or statement that would cause a reasonable person to fear for their safety. The threat must be credible and substantial to the listener, and the intent to create fear must be present. For example, yelling "I'm going to hit you in the face" may not be considered assault if the aggressor does not also raise their fists. However, if the person yelling indicates that they will carry out their threat through their actions, such as clenching their fists or pulling out a knife, the situation may be more likely to constitute assault. Repeated verbal abuse and threats of violence can also lead to civil torts, such as assault or intentional infliction of emotional distress.
In the context of workplace harassment, verbal threats or the use of hate speech regarding protected characteristics like sexual orientation or race can also constitute harassment.
It is important to note that mental health difficulties may be a defense in cases of public yelling, and the specific laws and interpretations can vary across states and jurisdictions.
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Yelling as a form of workplace harassment
Yelling in public may constitute harassment depending on the context and the jurisdiction. In the United States, for example, public yelling of threats and abuse is considered disorderly conduct in Vermont. In Florida, public yelling of homophobic or transphobic slurs or lewd or sexually explicit comments is considered a breach of the peace and disorderly conduct. Kentucky's harassment law prohibits following someone in a public place with the intent to intimidate, harass, annoy, or alarm them.
Yelling in the workplace can be a form of verbal harassment, which can result in emotional distress and lead to mental health problems for victims. It can also create a negative and toxic work environment, leading to increased sick leave and staff turnover, and impacting the company's success and productivity. Verbal harassment in the workplace can also overlap with discriminatory yelling, which is covered under federal civil rights laws. Discriminatory yelling includes targeting someone based on their gender, religion, race, age, or nationality.
Workplace harassment must legally be based on sexual harassment or racial discrimination, and bullying in the workplace is prohibited when the employee is disabled or elderly. Yelling at an employee is generally considered unprofessional and unacceptable behaviour. However, it may not be specifically actionable unless the employer is threatening or engaging in discriminatory behaviour. If you are experiencing verbal harassment at work, it is important to seek help and support, and there are legal options available for victims.
If you are being yelled at in the workplace, it is recommended to stay calm and not react aggressively. Listen to what the other person is saying, and if you feel unsafe or uncomfortable, do not get further involved in the situation. Instead, seek help from a trusted colleague, supervisor, or other trusted individuals. It is also crucial to keep detailed notes of the incident, including the date, time, and location, as documentation is key when dealing with and reporting workplace harassment claims.
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Yelling and the intention to harm
Yelling in public may constitute harassment, depending on the context and the intention behind it. While freedom of speech is a fundamental right, it does not extend to false statements that break defamation laws or discriminatory insults.
For an act to be considered assault, an aggressor must make a statement or perform an action that would cause a reasonable person to fear for their safety. The statement or action must be backed up by a particular set of actions to make the threat feel substantial and credible. For example, if someone yells, "I'm going to hit you," but does not take any physical steps to do so, it may not be considered assault. However, if they raise their fists or clench their jaws, it is more likely to be considered assault.
In the context of street harassment, yelling can be considered unlawful conduct in some states. For example, in Colorado, supervisors, managers, and administrators of public property can set rules for acceptable conduct, and these rules are enforceable by law if posted publicly. Similarly, Florida's breach of peace and disorderly conduct law includes acts that "outrage the sense of public decency" or affect the peace and quiet of those who witness them. Shouting homophobic or transphobic slurs or lewd comments can fall into these categories and be reported.
In Kentucky, it is illegal for someone to follow another person in a public place with the intent to intimidate, harass, annoy, or alarm them. This also applies to stalking laws in Minnesota, where it is specified that it is not necessary to prove intent to cause fear or intimidation, only that the victim felt that way.
In the case of threatening violence, the threat must be credible and create a reasonable fear of bodily harm for it to be considered a criminal offense. Verbal abuse and harassment can also occur in the workplace if a colleague or manager makes verbal threats or uses hate speech regarding protected characteristics such as sexual orientation or race.
Yelling can also be considered verbal abuse, particularly when it is repeated, sustained, and intended to be harmful. This can include criticism, gaslighting, humiliation, judging, and manipulation. Verbal abuse is a means of controlling and maintaining power over another person and can have long-lasting negative impacts on the victim's psychological health.
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Yelling and threats of violence
Yelling in public may constitute harassment depending on the context and content of the speech. While the First Amendment protects freedom of speech, there are limitations, particularly when it comes to time, place, and manner. For example, in Florida, breach of peace and disorderly conduct laws prohibit acts that "outrage the sense of public decency," affect the peace and quiet of those who witness them, and constitute a breach of the peace or disorderly conduct. Shouting, using homophobic or transphobic slurs, or making lewd or sexually explicit comments in public may fall into these categories and be considered harassment.
Similarly, in Colorado, supervisors, managers, and administrators of public property and spaces can establish rules for acceptable conduct within that space, which are enforceable by law if posted publicly. This includes rules prohibiting activities that may reasonably be expected to interfere with the use and enjoyment of such places by others or constitute a general nuisance. Under this code, administrators of public spaces can prohibit acts of street harassment.
In terms of threats of violence, while simply yelling at someone may not be enough to lead to criminal charges, threatening speech can constitute assault in some states, even if no physical harm occurs. The key factor is whether the threat is credible and would cause a reasonable person to fear for their safety. For example, if someone yells, "I'm going to hit you," but does not raise their fists, it may not be considered assault. However, if they take actions to indicate that they will carry out their threat, such as clenching their fists or pulling out a weapon, the situation becomes more severe, and criminal charges are more likely.
Additionally, repeated verbal abuse and discriminatory insults can lead to civil penalties and legal liability, respectively. Verbal harassment can also occur in the workplace, creating a hostile work environment and resulting in negative consequences for the company's culture and productivity. If you are experiencing harassment, it is essential to report it to the appropriate authorities and seek legal advice if necessary.
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Yelling and the law: state-by-state differences
Yelling in public is generally not illegal, but it can be considered harassment or disorderly conduct in certain circumstances, and it can have legal consequences if it involves threats, discrimination, or defamation. The specific laws and definitions of harassment vary from state to state. Here is an overview of some state-specific differences:
Tennessee
In Tennessee, assault is defined as "intentionally or knowingly causing physical contact with another, and a reasonable person would regard the contact as extremely offensive or provocative." The state's criminal statute also includes a provision for verbal assault, where the fundamental requirement is that the words cause the target to have a reasonable fear. Repeated verbal abuse may also constitute harassment and can lead to civil penalties.
Vermont
Vermont recognizes hate crimes, which include assault, unlawful mischief, telephone harassment, and disorderly conduct, such as public yelling of threats and abuse.
Colorado
Colorado's harassment law prohibits anyone from following another person in a public place. The state also grants supervisors, managers, and administrators of public property and spaces the authority to proscribe acceptable conduct within that public space. This includes the power to prohibit acts of street harassment and enforce these rules as law.
Florida
Florida's breach of peace and disorderly conduct law is broad and includes acts that "outrage the sense of public decency," affect the peace and quiet of witnesses, and constitute a breach of the peace. Shouting homophobic or transphobic slurs or lewd comments can be reported under this law.
Kentucky
Under Kentucky's harassment law, it is illegal to follow another person in a public place with the intent to intimidate, harass, annoy, or alarm them.
New York
New York has a broad law against disorderly conduct, which includes street harassment. Examples include yelling sexist or homophobic comments, using obscene language, or blocking someone's path.
North Dakota
North Dakota's disorderly conduct law includes making intrusive or unwanted acts, words, or gestures intended to adversely affect another person's safety, security, or privacy. Shouting or using sexually explicit language can be reported under this law.
While the specifics may vary, the common theme across these states is that yelling in public can be illegal if it involves threats, discrimination, or harassment, and it is important to refer to the specific state statutes for detailed information.
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Frequently asked questions
It depends on the context, content, and intention of the yelling. If the person is using inappropriate language, threatening violence, or yelling with the intention to intimidate, harass, annoy, or alarm you, it may constitute harassment. Yelling in a way that makes you fear for your physical safety or causes you emotional distress may also be considered harassment or assault.
If the yelling is directed at a group you belong to or is creating a disruptive or uncomfortable environment for you and others, it may still be considered harassment. For example, if someone is yelling at people eating outside a restaurant, it may be considered disorderly conduct if it scares customers away or makes them feel uncomfortable.
Yelling in the workplace can be a form of verbal harassment, especially if it is discriminatory or targeted at a specific individual or group. It can contribute to a hostile work environment and have negative impacts on employees' mental health and company culture.
You can report the incident to the authorities or seek legal advice. It is recommended to document the behavior by keeping records of incidents, including dates, times, descriptions, and, if possible, audio or video recordings.
Yes, some states have laws that address disorderly conduct and harassment in public places. For example, New Jersey has a disorderly conduct law that prohibits addressing "unreasonably loud and offensively coarse or abusive language" at a specific person in a public place. Colorado also grants supervisors, managers, and administrators of public property the power to proscribe acceptable conduct within that public space, which can include prohibiting acts of street harassment.
