"The Constitutional Right to Insult Your Neighbors With Tombstone Displays."

Just one section of an article — PDF — in the New York State Bar Association Journal about Halloween-related lawsuits. (Via ABAJournal.)

The tombstones referenced the petitioning neighbors by name, and each contained a date of death based on that neighbor’s address. For example, one tombstone referencing a neighbor named Betty Gargarz stated:

Bette wasn’t ready,

But here she lies

Ever since that night she died, 

12 feet deep in this trench, 

Still wasn’t deep enough 

For that wenches stench! 

1690

The Seventh Circuit recognized the validity of the plaintiffs’ First Amendment claim. While the court noted that the tombstones were intended to elicit “an emotional response” from the neighbors, they were not “the sort of provocatively abusive speech that inherently tends to incite an immediate breach of the peace” such that they would be considered unprotected speech under the “fighting words” doctrine.