In Re Nickolas S.

Summary

The Arizona Supreme Court held that Nickolas's profane insults toward a teacher did not constitute constitutionally unprotected fighting words because, in context, they were not likely to provoke an ordinary teacher to respond violently. The court therefore vacated both juvenile delinquency adjudications and vacated the court of appeals' opinion, while leaving unresolved the statute's ultimate scope and constitutionality. Justice Pelander, concurring, agreed with the narrow result but would have rejected Nickolas's asserted constitutional right to make the classroom outburst and would have found the conduct statutorily proscribed.