ABSTRACT
In discussing the offenses against public peace, it is important to note that the U.S. Constitution, as interpreted by the courts, limits state power to enact or enforce legislation that prohibits the free exercise of individual behaviors, such as movement or speech. For example, disorderly conduct statutes have, in many instances, been declared unconstitutional as either too vague or as infringing on First Amendment rights. The balance is to have criminal laws that prohibit behavior that is dangerous and/or offensive to the majority, while allowing the greatest degree of freedom for the individual. Sometimes this balance is difficult to achieve.
