you know, then that would be a different story. >> why? >> because he was in a private situation having an argument with his employer. like we argue every day. no one is going to come and arrest us for that. >> different central park or at the office. >> what is he is in his work place. there are people there who have to work. >> exactly. that might be be disorderly conduct. they drop the obscenity charge -- charge him with obscene language which they dropped when he filed his appeal. >> don't need to be cursing to be disorderly. >> automatically going to win this appeal. >> you are out of order right now. >> i'm always out of order. you playing a radio very loud and that can be disorderly conduct. >> right. you don't have to swear. >> doesn't take much to be written up for disorderly conduct. should be known very low level offense. >> will he win this case, $100,000? >> no. >> he will win but is he not going to get $100,000. is he going to wish. first amendment right. >> unbelievable. weigh in. we would love to hear your thoughts on it please don't