The reporting on this case is abysmal, which isn’t surprising given it’s become a symbolic fight for people who want to shout racial slurs at children.
You can find the actual case documents on the court’s wbesite: Minnesota Records Online, search case number 55-CR-25-6656.
Look especially at the jury instructions. That lays out the specific findings of fact that the jury had to make in order to find her guilty.
She was tried for two counts of disorderly conduct: one for her interaction with the child, and one for her interaction with the man who started filming her.
She was only convicted of the second; here is the relevant language from the jury instructions:
Count II: Disorderly Conduct: Encounter with the Man Recording at the Park
DEFINED
Under Minnesota law, whoever, knowing or having reasonable grounds to know that it will tend to alarm, anger, or disturb others, or provoke an assault or breach of the peace, engages in offensive, obscene, abusive, boisterous, or noisy conduct, or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others,
is guilty of a crime.
ELEMENTS
The elements of this crime are:
First, the defendant engaged in offensive, obscene, abusive, boisterous, or noisy conduct, or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.
If you find that the defendant’s conduct consisted only of offensive, obscene, or abusive language, you must also find that the words used were “fighting words.” Speech is not “fighting words” merely because it is racist. “Fighting words” are words that constitute personally offensive epithets that, when spoken to the ordinary person, under the particular circumstances of the case, are, as a matter of common knowledge, inherently likely to provoke a violent reaction or incite an immediate breach of the peace by those to whom such words are addressed. The offense may be based upon the utterance of fighting words alone, without resulting in actual violence. The focus is upon the nature of the words and the circumstances in which they were spoken, rather than upon the actual response.
Second, the defendant knew or believed or had reasonable grounds to know that the conduct would, or could, tend to alarm, anger, disturb, provoke an assault by, or provoke a breach of the peace by others.
Third, the defendant’s act took place in a public or private place.
Fourth, the defendant’s act took place on or about April 28, 2025, in Olmsted County.
If you find that each of these elements has been proven beyond a reasonable doubt, the defendant
is guilty. If you find that any element has not been proven beyond a reasonable doubt, the defendant is not guilty.
The description of fighting words fits precedent as I understand it; the right to free speech doesn’t extend to the provocation of violence.
In particular, the jury was explicitly instructed that racial slurs alone are not enough. But racial slurs certainly can be fighting words – to argue otherwise is to suggest that racial slurs should have special constitutional protection over and above other types of insults.
One other legal point is the distinction between findings of fact and findings of law:
- The judge decides on issues of law, e.g. what the elements of the crime are, what ‘fighting words’ are, etc. Those findings are based on the text of the law, previous caselaw, and legal principles.
- The jury decides questions of fact, i.e. did the defendant do the thing described by the law. Those findings are based on testimony and evidence provided at trial.
This ruling is being appealed, i.e. sent to a higher court for review. If the jury instructions didn’t accurately reflect law and precedent, or if the Supreme Court wants to continue its streak of ignoring longstanding precedent, the verdict could be set aside and she could be tried again or have the case dismissed.
Still, a ‘jury of her peers’ (that her attorney helped select) found that she did the thing described in this trial. I think those things are bad, and we should discourage people who do them. I think it’s bad that she’s been paid hundreds of thousands of dollars for what she did, and I don’t think a thousand dollar fine and 200 hours of community service do much to offset that.
Being widely known as a gutter racist who accosts strangers at the playground while holding her todler should have net negative consequences for her. No good society can be sustained where that behavior is rewarded the way she’s been rewarded for it.
That will be true even if this conviction is overturned.