In the state of Massachusetts, that includes profanity
Technically, Massachusetts still has laws on the books that make profanity a prosecutable offense...
Chapter 41: Section 94. Powers and duties
Section 94. Constables may serve the writs and processes described in section ninety-two and warrants and processes in criminal cases, although their town, parish, religious society or district is a party or interested. They shall have the powers of sheriffs to require aid in the execution of their duties. They shall take due notice of and prosecute all violations of law respecting the observance of the Lords day, profane swearing and gaming. They shall serve all warrants and other processes directed to them by the selectmen of their town for notifying town meetings or for other purposes. They may serve by copy, attested by them, demands, notices and citations, and their returns of service thereof shall be prima facie evidence; but this provision shall not exclude the service thereof by other persons.
...although I assume they don't arrest people for those violations anymore.
P.S. I would post the source, but I can't until I have made 15 posts here.
Lol. I'll be careful not to walk around cursing in Massachusetts.
However, there was a Massachusetts state supreme court case that directly addressed the statute that Gates was arrested under. I suck with names, but it was Commonwealth v M-something. I read about it in a column, then looked up the case itself, and it's pretty specific on that point. And the guy in that case was a real douche, as I recall. It involved a guy who had the cops called on him for beating on his girlfriend, and when cops arrested him for it he started telling them off and accusing them of this, that, and the next thing and yelling profanity at them, etc. If that guy was covered by free speech, then a curmudgeonly old guy who's wiped out after flying in from china and ranting should be covered.