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The Lewis F. Powell, Jr. Courthouse, home of the Fourth Circuit, in Richmond, Virginia. (Acroterion via Wikipedia)
RICHMOND, Va. (CN) A retired Air Force officer’s use of a racial slur toward a Black store clerk did not fall within the “fighting words” exception to free speech protection, the Fourth Circuit ruled Tuesday.
A U.S. magistrate judge found Lt. Col. Jules Bartow guilty under Virginia’s abusive language statute in a case stemming from a series of rhetorical questions that included a racial slur Bartow posed to a store clerk in 2018.
Cathy Johnson-Felder, a Black sales associate at the Marine Corps Exchange store in Quantico, Virginia, testified that she was involved in a heated exchange with Bartow while he tried on boots. The exchange started off badly, with Johnson-Felder wishing Bartow a good morning.
The Fourth Circuit Court of Appeals building in Richmond, Va. (Photo via Acroterion/Wikimedia)
(CN) A Fourth Circuit panel heard arguments Thursday over whether a former Air Force officer’s use of a racial slur toward a Black store clerk fell within the “fighting words” exception to free speech protection.
Lieutenant Colonel Jules Bartow was convicted under Virginia’s abusive language statute for posing a series of rhetorical questions that included a racial slur to a sales associate at the Marine Corps Exchange store in Quantico.
His counsel on Thursday pressed a three-judge-panel of the Richmond-based appeals court to overturn a federal judge’s denial of his motion for acquittal last year after a bench trial. The lower court judge held that Bartow’s speech was not protected under the First Amendment because he had used “fighting words.”