Cussing is not a crime, Alamance sheriff acknowledges in legal settlement

Carli Brosseau
·2 min read

The Alamance County sheriff, county commissioners and county manager have agreed to settle a lawsuit brought last summer in federal court alleging multiple violations of the First Amendment rights of Black Lives Matter protesters.

The terms of the deal with the local branch of the NAACP, as well as several individual protesters, include training on implicit bias and racial equity for sheriff’s deputies and an acknowledgment that the pavement and lawns surrounding the historic courthouse in Graham are “traditional public fora,” where protest cannot be altogether banned, as was the case last summer. Several protesters were arrested for standing near the Confederate monument in front of the main courthouse entrance.

Additionally, Sheriff Terry Johnson agreed that swearing and “indecent” language are protected under the First Amendment unless they meet the definition of “fighting words” laid out by the U.S. Supreme Court. To meet the standard, the words must be found likely to incite immediate violence.

Last summer and fall, Johnson or his deputies were involved in arresting at least four protesters based on their language. Charges in two cases were dropped after an assistant district attorney found that the allegations did not amount to a crime. Two other protesters were found guilty on related charges; one of those cases has been appealed.

Alamance County Sheriff Terry Johnson listens as a statement is given to the press by his office regarding a march to the polls in Graham, N.C. on Monday, Nov. 2, 2020. During the march, which occurred on Oct. 31, the crowd was pepper-sprayed and several people were arrested.
Alamance County Sheriff Terry Johnson listens as a statement is given to the press by his office regarding a march to the polls in Graham, N.C. on Monday, Nov. 2, 2020. During the march, which occurred on Oct. 31, the crowd was pepper-sprayed and several people were arrested.

Alamance County took extreme steps to curtail political demonstrations in the wake of the death of George Floyd last May. Floyd’s death under the knee of a Minneapolis police officer, captured on video, set off protests across the country. But would-be protesters in Graham, the county seat, were threatened with arrest, even for standing alone on the sidewalk holding up a sign.

On July 2, the Lawyer’s Committee for Civil Rights Under Law, the national and state American Civil Liberties Union and the Lockamy Law Firm filed a suit against city and county officials. In response to the filing, city officials repealed an ordinance that required a permit for any demonstration involving two or more people and later settled their part of the case.

The proposed settlement with county officials would resolve the remaining claims, with the court retaining oversight for three years. Judge Catherine Eagles, of the U.S. District Court in the Middle District of North Carolina, had yet to approve the terms as of early Monday afternoon.

Two other federal lawsuits related to the treatment of Black Lives Matter protesters in Graham remain pending. Both of those cases involve a march to the polls on Halloween during which children and elderly people were repeatedly subjected to pepper fog. The complaints include allegations of excessive force and voter intimidation.