MADISON, Wis. (AP) — The Wisconsin Supreme Court is deciding whether a mother’s profane tirade against her 14-year-old son for burning popcorn amounts to free speech.
The Milwaukee Journal Sentinel reports that the 44-year-old Ginger Breitzman argued this week that her language wasn’t inciting violence or a true threat, and therefore is protected speech.
Breitzman was charged with disorderly conduct following an incident in 2012 in which she screamed at her son while he was talking to a friend on the phone. Her son later called the police.
A Milwaukee County jury convicted Breitzman. She was sentenced to six months in jail.
Breitzman appealed, saying her attorney was ineffective for not arguing the charge violated her right to free speech.
Prosecutors say the court shouldn’t concentrate on free speech, but on whether Breitzman’s lawyer was ineffective.