Also known as: breaches of the peace · breaching the peace · disturbing the peace · breach of peace
Written by attorneys · grounded in primary & secondary sources — see below
A public offense done by violence, or one causing or likely to cause an immediate disturbance of public order.
Blake Butler burns a flag replica on a public sidewalk during a political rally. No onlookers react with threats or physical confrontation. Because the conduct produces no imminent disturbance of public order, authorities cannot arrest him for breach of the peace.
Brandon Black attempts to purchase a home in a neighborhood subject to a restrictive covenant. Neighbors threaten violence if the sale closes. A court refuses to enforce the covenant because doing so would require state action that risks an immediate breach of the peace.
Select any source to read its text and confirm it supports the definition.
Bobby Brady publishes an article accusing a public figure of misconduct. The subject threatens a physical confrontation outside the newspaper office. The threatened response does not convert the publication into a breach of the peace that would strip First Amendment protection.
Barbara Bennett burns a cross on her own lawn in view of a public street. Passersby feel intimidated but no physical altercation occurs. The act does not constitute a breach of the peace when unaccompanied by an imminent threat of violence.
Bella Barnes publishes an editorial criticizing a local official. The official's supporters gather and shout threats outside the newspaper building. The gathering does not turn the editorial into unprotected speech merely because it risks a breach of the peace.
Bruce Baldwin sues the city after police fail to prevent a violent demonstration. The city argues it cannot be held liable for every potential breach of the peace. The court examines whether the municipality's policy directly caused the disturbance.
A public offense committed by violence or one causing or likely to cause an immediate disturbance of public order meets the definition. Mere annoyance or insult is insufficient. The standard focuses on the risk of immediate disorder rather than later consequences.
A debtor's verbal protest alone does not create a breach of the peace. The secured party may continue repossession unless the protest indicates a likelihood of violence. The test examines the potential for violence at the time of the attempt.
A private person may use reasonable force to terminate or prevent renewal of an affray or equally serious breach of the peace committed in the person's presence. The force must be necessary and may not exceed what is required to restore order.
Fighting words are personally abusive epithets likely to provoke an ordinary person to immediate violence and therefore constitute a breach of the peace. Statutes punishing such words are constitutional when limited to that narrow category.
…labels" of state law. N. A. A. C. P. v. Button, 371 U. S. 415, 429. Like insurrection, contempt, advocacy of unlawful acts, breach of the peace, obscenity, solicitation of legal business, and the various other formulae for the repression of expression that have been challenged in this court, libel can claim no talismanic immunity…