# Is it legal to insult the President? **URL:** \ **Category:** Factual Questions\ **Created:** [August 9, 2006, 4:15am UTC](https://boards.straightdope.com/t/is-it-legal-to-insult-the-president/367964 "2006-08-09T04:15:05Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\ **Post date:** [August 9, 2006, 4:15am UTC](https://boards.straightdope.com/t/is-it-legal-to-insult-the-president/367964/1 "2006-08-09T04:15:05Z")
Lets say for some reason I meet the President of the United States face to face; instead of saying “Hello Mr President” or making small talk I say something along the lines of “You’re a f\_cking moron”. Can I be charged with anything? _PS. All I want is a factual answer. I know this sounds pitworthy; that’s why I didn’t refer to him by name._ ---
**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\ **Post date:** [August 9, 2006, 4:22am UTC](https://boards.straightdope.com/t/is-it-legal-to-insult-the-president/367964/2 "2006-08-09T04:22:14Z")
Perfectly legal. Of course, your taxes for the last 20 years had better be in order, but you can’t be arrested, if that’s what you mean. I’ve had fantasies along those lines myself. ---
**Author:** ![Freddy\_the\_Pig](https://avatars.discourse-cdn.com/v4/letter/f/a587f6/32.png) [@Freddy\_the\_Pig](https://boards.straightdope.com/u/Freddy_the_Pig)\ **Post date:** [August 9, 2006, 4:22am UTC](https://boards.straightdope.com/t/is-it-legal-to-insult-the-president/367964/3 "2006-08-09T04:22:47Z")
[QUOTE=alphaboi867] . . . I say something along the lines of “You’re a f\_cking moron”. Can I be charged with anything?\* [/QUOTE] No. As long as you aren’t making physical threats, any law which would allow you to be prosecuted would run afoul of the First Amendment. However, you might be subject to _private_ sanctions; for example, if you did this at your local Garden Club, you probably wouldn’t be invited to next month’s Ice Cream Social. ---
**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\ **Post date:** [August 9, 2006, 4:23am UTC](https://boards.straightdope.com/t/is-it-legal-to-insult-the-president/367964/4 "2006-08-09T04:23:40Z")
What could possibly be the charge? As long as you aren’t _threatening_ the president I would think that your free speach would be protected. ---
**Author:** ![marshmallow](https://avatars.discourse-cdn.com/v4/letter/m/df705f/32.png) [@marshmallow](https://boards.straightdope.com/u/marshmallow)\ **Post date:** [August 9, 2006, 4:31am UTC](https://boards.straightdope.com/t/is-it-legal-to-insult-the-president/367964/5 "2006-08-09T04:31:57Z")
Does anyone else remember Mr. Cheney taking a stroll through New Orleans and having his own words used against him? Nearly a perfect example – not face to face, but close enough. Good times, good times… ---
**Author:** ![LiveOnAPlane](https://avatars.discourse-cdn.com/v4/letter/l/3d9bf3/32.png) [@LiveOnAPlane](https://boards.straightdope.com/u/LiveOnAPlane)\ **Post date:** [August 9, 2006, 5:24am UTC](https://boards.straightdope.com/t/is-it-legal-to-insult-the-president/367964/6 "2006-08-09T05:24:26Z")
This is merely an addendum to the answers above. I am presuming you were talking about a civilian doing this. If the hypothetical “you” is in the military, there are restrictions on what you can say about your Commander in Chief. I won’t presume to say how far they go, but you would not have carte blanche to say anything you wished that was critical of his policies. I do not know about restrictions on just insulting him personally, but I think it could be a career-killer even if legal. ---
**Author:** ![MEBuckner](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mebuckner/32/2896_2.png) [@MEBuckner](https://boards.straightdope.com/u/MEBuckner)\ **Post date:** [August 9, 2006, 5:50am UTC](https://boards.straightdope.com/t/is-it-legal-to-insult-the-president/367964/7 "2006-08-09T05:50:57Z")
[QUOTE=silenus] Perfectly legal. Of course, your taxes for the last 20 years had better be in order, but you can’t be arrested, if that’s what you mean. I’ve had fantasies along those lines myself. [/QUOTE] [26 U.S.C. 7213A](http://www4.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00007213---A000-.html): > [@](#): > > (a) Prohibitions > (1) Federal employees and other persons > It shall be unlawful for— > (A) any officer or employee of the United States, or > (B) any person described in subsection (l)(18) or (n) of section 6103 or an officer or employee of any such person, > willfully to inspect, except as authorized in this title, any return or return information. > (2) State and other employees > It shall be unlawful for any person (not described in paragraph (1)) willfully to inspect, except as authorized in this title, any return or return information acquired by such person or another person under a provision of section 6103 referred to in section 7213 (a)(2). > (b) Penalty > (1) In general > Any violation of subsection (a) shall be punishable upon conviction by a fine in any amount not exceeding $1,000, or imprisonment of not more than 1 year, or both, together with the costs of prosecution. > (2) Federal officers or employees > An officer or employee of the United States who is convicted of any violation of subsection (a) shall, in addition to any other punishment, be dismissed from office or discharged from employment. > (c) Definitions > For purposes of this section, the terms “inspect”, “return”, and “return information” have the respective meanings given such terms by section 6103 (b). ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [August 9, 2006, 9:09am UTC](https://boards.straightdope.com/t/is-it-legal-to-insult-the-president/367964/8 "2006-08-09T09:09:43Z")
[QUOTE=MEBuckner] [26 U.S.C. 7213A](http://www4.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00007213---A000-.html): [/QUOTE] Yeah, right. There’s also: > [@](#): > > Amendment VIII > Excessive bail shall not be required, nor excessive fines imposed, nor cruel > and unusual punishments inflicted. But that also seems to be pretty much ignored by the current administration (just ask the prisoners at Guantanamo, etc.). So do you think citing this law regarding tax return privacy convinves anyone? Heck, silenus didn’t say it was legal, he just said you should be prepared for it to happen. ---
**Author:** ![sweeteviljesus](https://avatars.discourse-cdn.com/v4/letter/s/898d66/32.png) [@sweeteviljesus](https://boards.straightdope.com/u/sweeteviljesus)\ **Post date:** [August 9, 2006, 11:24am UTC](https://boards.straightdope.com/t/is-it-legal-to-insult-the-president/367964/9 "2006-08-09T11:24:27Z")
In Texas, you could be cited for disorderly conduct, a Class C misdemeanor. If you didn’t use profanity, I think you can call him what you like as long as you aren’t threatening him. FWIW, Rob ---
**Author:** ![samclem](https://avatars.discourse-cdn.com/v4/letter/s/a9a28c/32.png) [@samclem](https://boards.straightdope.com/u/samclem)\ **Post date:** [August 9, 2006, 11:34am UTC](https://boards.straightdope.com/t/is-it-legal-to-insult-the-president/367964/10 "2006-08-09T11:34:25Z")
[QUOTE=t-bonham@scc.net] Yeah, right. There’s also: But that also seems to be pretty much ignored by the current administration (just ask the prisoners at Guantanamo, etc.). So do you think citing this law regarding tax return privacy convinves anyone? Heck, silenus didn’t say it was legal, he just said you should be prepared for it to happen. [/QUOTE] At least it was on point. It was factual without getting into the politics of the current administration. **Your** statement, however, brings current politics into what is a rather simple question with a pretty simple answer. Please try to keep current politics out of General Questions unless relevant. **samclem** GQ moderator ---
**Author:** ![Zabali\_Clawbane](https://avatars.discourse-cdn.com/v4/letter/z/ecd19e/32.png) [@Zabali\_Clawbane](https://boards.straightdope.com/u/Zabali_Clawbane)\ **Post date:** [August 9, 2006, 11:39am UTC](https://boards.straightdope.com/t/is-it-legal-to-insult-the-president/367964/11 "2006-08-09T11:39:32Z")
Yes, cursing is considered assault in Kansas as well. I am not sure if all the states in the Union have similar laws or not, but I would not be surprised if this is so. (Battery is where you actually move to strike, or do strike.) Best to tell him off without resorting to it, while keeping your hands and jaw unclenched and being very, very careful not to seem intimidating at all. Just state your opinion in a matter of fact tone of voice. ---
**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\ **Post date:** [August 9, 2006, 11:50am UTC](https://boards.straightdope.com/t/is-it-legal-to-insult-the-president/367964/12 "2006-08-09T11:50:31Z")
The Secret Service will check you out if you make a spectacle of yourself (I seem to recall they looked that Cheney-insulter over) but this is something they do as a matter of routine and not specific to this particular administration. Nobody wants to be the guy that missed Lee Harvey Oswald 2006. ---
**Author:** ![Sailboat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sailboat/32/461_2.png) [@Sailboat](https://boards.straightdope.com/u/Sailboat)\ **Post date:** [August 9, 2006, 12:05pm UTC](https://boards.straightdope.com/t/is-it-legal-to-insult-the-president/367964/13 "2006-08-09T12:05:23Z")
Yeah, speech is free, but aggressive body language might cause the Secret Service to make a “better safe than sorry” decision and pull you aside for some probing questions, if not a cavity search. Exercise good sense. Sailboat ---
**Author:** ![KarlGauss](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/karlgauss/32/3713_2.png) [@KarlGauss](https://boards.straightdope.com/u/KarlGauss)\ **Post date:** [August 9, 2006, 2:54pm UTC](https://boards.straightdope.com/t/is-it-legal-to-insult-the-president/367964/14 "2006-08-09T14:54:11Z")
For those of you who are interested: [Go f\*\*\* yourself, Mr. Cheney](http://video.yahoo.com/video/play?p=go+fuck+yourself+cheney&toggle=1&cop=&ei=UTF-8&b=3&oid=0e133bbe33d15bd8&rurl=www.ifilm.com). ---
**Author:** ![AskNott](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asknott/32/5790_2.png) [@AskNott](https://boards.straightdope.com/u/AskNott)\ **Post date:** [August 9, 2006, 5:05pm UTC](https://boards.straightdope.com/t/is-it-legal-to-insult-the-president/367964/15 "2006-08-09T17:05:14Z")
It is quite legal to express your disagreement with the president or vice president; it is even legal to call them names face to face. Mr. Bush and Mr. Cheney, though, have been extraordinarily shielded from dissidents. That’s as much as I can say in General Questions without getting political. ---
**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\ **Post date:** [August 9, 2006, 8:16pm UTC](https://boards.straightdope.com/t/is-it-legal-to-insult-the-president/367964/16 "2006-08-09T20:16:29Z")
[QUOTE=sweeteviljesus] In Texas, you could be cited for disorderly conduct, a Class C misdemeanor. If you didn’t use profanity, I think you can call him what you like as long as you aren’t threatening him. FWIW, Rob [/QUOTE] Yeah, you could get a citation for misdemeanor “Disturbing the Peace” ($500 fine) in this jurisdiction, if you used profanity and were being disruptive. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [August 9, 2006, 8:28pm UTC](https://boards.straightdope.com/t/is-it-legal-to-insult-the-president/367964/17 "2006-08-09T20:28:23Z")
[QUOTE=t-bonham@scc.net] Yeah, right. But that also seems to be pretty much ignored by the current administration (just ask the prisoners at Guantanamo, etc.). [/quote] Guantanamo… Guantanamo… remind me, which US state or territory is Guantanamo in, such that it’s subject to the Eighth Amendment? Answer: it’s not. It’s in CUBA. Now, which Supreme Court case says that the Eighth Amendment applies in full to a US-leased property in Cuba? So… when you say that the Bush administration is ignoring the Eighth Amendment because of its actions in Guantanamo, Cuba - what you really mean to say is it’s your find belief that the Eighth Amendment should apply in full, but that the Supreme Court has never actually agreed with you. Right? ---
**Author:** ![rowrrbazzle](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rowrrbazzle/32/414_2.png) [@rowrrbazzle](https://boards.straightdope.com/u/rowrrbazzle)\ **Post date:** [August 9, 2006, 9:18pm UTC](https://boards.straightdope.com/t/is-it-legal-to-insult-the-president/367964/18 "2006-08-09T21:18:22Z")
In 1996 at the Taste of Chicago, Patricia Mendoza said to then-President Clinton, “You suck – and those boys died”. After further allegedly inflammatory words with the Secret Service and Chicago police, she and her husband were arrested for disorderly conduct and held for 12 hours. The charges were eventually dismissed for lack of evidence. USA Today, July 27, 1993: > [@](#): > > In Chicago, the president had to cope with a heckler, William Kelly, who last fall interrupted a Clinton campaign speech, shouting about adultery. Monday, Kelly questioned why Clinton could not control a Democratic Congress. > > For 30 seconds, Clinton and the heckler attempted to shout each other down as security officers removed Kelly. As Kelly accused Clinton of breaking his promise not to raise taxes, the president grew animated: “Now wait, wait, wait, wait, wait. Most people, sir - now wait a minute.” > > Finally, Clinton said: “This is not your meeting, sir, and most people have better manners than to interrupt somebody giving a speech.” > > Then, playing to a friendly audience, Clinton added: “There’s another thing that’s wrong with this country: There’s not enough civility in how we treat one another.” So yes, it’s legal, but you may have to deal with something else as a result ---
**Author:** ![joema](https://avatars.discourse-cdn.com/v4/letter/j/a9adbd/32.png) [@joema](https://boards.straightdope.com/u/joema)\ **Post date:** [August 9, 2006, 9:56pm UTC](https://boards.straightdope.com/t/is-it-legal-to-insult-the-president/367964/19 "2006-08-09T21:56:58Z")
[QUOTE=alphaboi867] Lets say for some reason I meet the President of the United States face to face; instead of saying “Hello Mr President” or making small talk I say something along the lines of “You’re a f\_cking moron”. Can I be charged with anything?.. [/QUOTE] To my knowledge that’s not illegal, but could be dangerous. You could easily slip up and say something like “I’d like to punch you”, etc. Any bodily threat whatsoever is illegal and could put you in federal prison for five years. That is the case whether uttered verbally, over the phone, or posted to the internet. The secret service does not have a sense of humor about such things. > **[18 U.S. Code § 879 - Threats against former Presidents and certain other persons](https://www.law.cornell.edu/uscode/text/18/879)** ---
**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\ **Post date:** [August 9, 2006, 10:21pm UTC](https://boards.straightdope.com/t/is-it-legal-to-insult-the-president/367964/20 "2006-08-09T22:21:48Z")
[QUOTE=sweeteviljesus] In Texas, you could be cited for disorderly conduct, a Class C misdemeanor. If you didn’t use profanity, I think you can call him what you like as long as you aren’t threatening him. [/QUOTE] Statutes like this are used pretty liberally around VIPs. You don’t have actually be what most people would describe as “disorderly” to get busted: > [@](#): > > Peace activist Cindy Sheehan was arrested Tuesday in the House gallery after refusing to cover up a T-shirt bearing an anti-war slogan before President Bush’s State of the Union address. > . > . > Sheehan was arrested around 8:30 p.m. ET Tuesday on charges of unlawful conduct, a misdemeanor that carries a maximum penalty of a year in jail, Capitol Police said. [http://www.cnn.com/2006/POLITICS/01/31/sheehan.arrest/index.html](http://www.cnn.com/2006/POLITICS/01/31/sheehan.arrest/index.html) [Next page](https://boards.straightdope.com/t/is-it-legal-to-insult-the-president/367964.md?page=2)