Then, 2 months later she was arrested by that officer, the second in command of Alvarado Police Department, Captain Gary Melson.
That’s right, Mrs. Curs will not be formally charged with cursing in Johnson County, because she said the word “dick” in a public gymnasium causing unrest in the spectators.
PINAC also contacted the Johnson County Attorney’s office which prosecutes Class A misdemeanors.
The assistant county attorney handling the case said in a recorded conversation that the Honorable Bill Moore’s official stance as Johnson County attorney is to decline to press any charges in the case against Mrs. Curs.
It’s unknown at this time if Mrs. Curs has retained counsel to seek redress for the embarrassment of her unlawful arrest, or for slander or libel per se by the Alvarado Police Department for posting a lengthy Facebook post slamming her personally and accusing her of being a criminal for the words she speaks.
Alvarado City Manager Clint Black said in a recorded telephone conversation with PINAC that if Mr. Moore isn’t pressing charges, then his city will not either.
When we specifically asked, “Is a Class C Misdemeanor [Disorderly Conduct Charge] going to be pursued against Mrs. Jessica Curs who was arrested for cursing in Johnson County, for using the word “dick” at a sporting event?”
Black answered firmly that, “If he’s [Johnson County Attorney Bill Moore] is not pursuing charges, then there’s no charges being pursued.”
As PINAC’s initial report confirmed, the Texas Attorney General has long held that the charge of Disorderly Conduct as it relates to speech is narrowly defined as “fighting words” which cause an “immediate breach of the peace” or a fight right away.
Alvarado Police Department posted a rambling statement on Facebook, which admitted to content based censorship.
The crowd began to chant “Fuck Alvarado” and the officers made no response or action towards them for saying “fighting words.”
Furthermore, the Texas cops’ statement noted that Mrs. Curs was allowed to finish watching the game as a spectator which ruled out any trespassing charges too.
It also proved that no fight took place.
The police statement on Facebook from Alvarado was particularly useful in demonstrating that such profane language is commonly acceptable to most reasonable people in the public fora setting where the incident took place.
As the second in charge of any police department, such as Alvarado Police Captain Gary Melson, should’ve know better than to censor any citizen for the content of their speech. Speech to police officers may at times be abrasive, but Melson should take note that is also most protected when directed in an act of petitioning government too.
It’s likely that some of Melson’s constituents may wish to direct invective at his person for a vile act of censorship, diligently pursued in violation of this nation’s Constitution, and those words will be a petition against his behavior in office.
Because that’s what the First Amendment protects, free expression.
Now the Johnson county housewife and coach can say “dick” as often as she’d like in public spaces where she coaches, so long as she doesn’t intentionally seek to incite an actual fight over her words.
Mrs. Curs was unavailable for comment at the time of publication, but her Facebook profile photo provides fitting last words in this police censorship case:
“Be soft, kind and loving, but take nobody’s shit.”
Editors Note: Raw copies of the audio for both conversations in this podcast can be found here. Conversations were edited to remove dead air, words like uh, and long pauses which naturally occur in conversation, but otherwise appear in their complete form in our audio content.