Addressing Mr. Harvey’s free speech claims, Judge Ross wrote, “It is the reaction which speech engenders, not the content of the speech, that is the heart of disorderly conduct.” He added that Mr. Harvey chose to make his speech near the site of the attacks shortly after Sept. 11, a fact that made it reasonable to infer he was at least aware of a substantial risk that public alarm would result.
A MAN ARRESTED and charged with disorderly conduct near the World Trade Center after an angry crowd threatened him for supporting Osama bin Laden will stand trial in late February, despite free his speech claims.
