PORTSMOUTH � An argument over the removal of Democratic political signs, during which the F-word was used, is headed to court Tuesday, when a judge will be asked to decide if the F-bombs were free speech or fighting words.

PORTSMOUTH � An argument over the removal of Democratic political signs, during which the F-word was used, is headed to court Tuesday, when a judge will be asked to decide if the F-bombs were free speech or fighting words.



Scheduled to appear in Portsmouth District Court on Feb. 17, Eric Rieseberg, 59, of 300 Wentworth Road, New Castle, is charged with class A misdemeanor counts of disorderly conduct and criminal threatening.



The disorderly charge alleges that on Nov. 4, 2008, Rieseberg said to attorney Ryan Russman, "You�re a f-ing (expletive) and words to provoke a violent reaction," according to the complaint by New Castle Police Chief James Murphy. The threatening charge alleges Rieseberg "put another person in fear" when he crossed Route 1B in New Castle, entered Russman�s "personal space" and raised his voice, yelled, shook his arms and hands "in a manner which appeared to nearly strike (Russman) in the face" and "leading him to fear physical contact."



The controversy began on the morning of Nov. 4, when Rieseberg was in his yard removing political signs that were planted there without his permission, according to documents filed by Rieseberg�s attorney, Stephen Jeffco. While Rieseberg pulled the signs, Jeffco reported to the court, Russman walked past with his leashed dog and began yelling, "What are you doing? You can�t do that. Who do you think you are?"



Rieseberg responded by asking, "Who the (F-) are you?" according to Jeffco.



At that point, Jeffco wrote, Russman "forced his business card onto" Rieseberg, "who was taken back believing Russman was attempting to solicit him as a client". After reading the card, Rieseberg said, "Ryan Russman, you are a (F-ing expletive)," according to Jeffco.



Police reports indicate Russman immediately phoned police to say he felt threatened. A statement by Russman filed with the court says he was "quite nervous and frightened and believed he was about to strike me." According to a statement by witness Debbie Orloff, she was riding her bicycle in the area when she saw Rieseberg holding a pile of Democratic political signs, standing in "a menacing posture" and yelling at Russman.



In a motion to the court, Chief Murphy said Rieseberg�s "language combined with physical gestures and in the context of the incident shows that the (F-) word is used to provoke physical violence."



"His use of the language," Murphy wrote, was "not an exercise in free speech."



In response, Jeffco filed a motion stating he conducted an internet search of the F- word and found 663 million uses "within ten seconds" and results running the "gamut from nouns, adjectives to strong emphatic."



No ordinary person would have been provoked into violence under the circumstances, Jeffco reported, adding, "Ryan Russman is not an ordinary person in that an ordinary person would not have placed his nose in other people�s business without expecting that behavior to provoke a response."