High court sidesteps case of man who cursed police

WASHINGTON -- The Supreme Court, sidestepping a dispute over cussing, refused Monday to consider whether a Montana man's foul language to a law enforcement officer was free speech protected by the Constitution.

The man, Malachi Robinson, was walking down the street about midnight four years ago when he called the Missoula county deputy in a nearby squad car a "[expletive] pig." The deputy got out and confronted Robinson, who uttered another expletive at the officer.

Robinson's swearing earned him a $50 fine for disorderly conduct. He was also sentenced to 10 days in jail, but the judge suspended that.

Justices declined without comment to review his appeal. Their refusal does not address the merits of the issue.

In other cases Monday, the court:

Reinstated a murder conviction in the case of Sally McNeil, a San Diego woman who claimed she shot her husband, Ray, to end his physical and sexual abuse.

Refused to consider whether the government-owned Tennessee Valley Authority had the authority to disregard a demand from Washington to clean up its coal-fired power plants.

Refused to consider the appeal of bassist Robert Daisley and drummer Lee Kerslake, who sued in 1998 seeking royalties for their work on Ozzy Osbourne albums "Blizzard of Ozz" and "Diary of a Madman."

Also Monday, Justice David H. Souter was back on the high court bench following a weekend attack while jogging in Washington. Souter had no visible bandages, but his neck appeared to be bruised.