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Mom Is Going To Jail For Calling Her Son A 'Retard'

One mother flew into a rage when her 14-year-old son burned her popcorn. She called him offensive names and threw him out of the house for hours. A judge convicted her of child abuse, neglect, disorderly conduct and of intentionally causing harm after the mother used profane language towards her son. She was sentenced to six months. She tried to have the sentence overturned, but her appeal has been shot down by the courts.

Ginger Breitzman called her son vile names, such as 'retard', 'f--k face' and 'piece of s--t' because he burned the popcorn. She then threw the young teen out of the house in the winter in Wisconsin when he was not properly dressed for the cold. The child was forced to seek shelter in the yard until his mother let him back in later that night.

The young man later called the police and reported his own mother for the incident. Breitzman was arrested, convicted and sentenced to six months in jail. She has been trying to get that conviction overturned.

According to Breitzman, her abusive language towards her son falls under her right to free speech. She argues that her attorney did not adequately present her case during her trial.

The state called the argument for free speech far-fetched, and said her public defender wasn't obligated to argue it.

One justice on the Wisconsin Supreme Court questioned whether or not the states should arbitrate disputes in private homes, and if it constitutes disorderly conduct.

Another justice wondered if the court's decision will impact future domestic violence cases if it's declared that people can do whatever they want in their own home. What kind of a precedent would it set to allow parents to spew verbal abuse towards children by calling it ‘free speech’.

Ultimately, the conviction and sentence were upheld. The court thought the attorney was effective in defending Breitzman. The mother was further ordered to get counseling, take parenting classes and anger management classes.

"Thus, while this case touches on an interesting issue of free speech law, we reserve full analysis of what constitutes profane speech and whether profane speech is otherwise protected as free speech for another day," wrote Justice Annette Ziegler in an opinion for the court.

"Nothing in the majority opinion should be read as commenting on the merits of the underlying First Amendment defense," Abrahamson said. “The 'unsettled law' doctrine guiding the determination of ineffective assistance of counsel is not sufficiently protective of a defendant’s constitutional and statutory rights to effective counsel," added another justice in a comment on the ruling.

The Constitution made Free Speech one of the very first rights granted to citizens of the U.S., and it has since been agreed upon by almost everyone that it's one of the most important rights offered in a democratic society. The right to free speech is supposed to protect you from backlash when you criticize the government or an important person. It wasn't meant to protect people who throw tantrums over popcorn and get verbally abusive.

Source: IB Times
Photo: IB Times, YouTube

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