Is a defendant's arrest for cursing at police an unconstitutional violation of the First Amendment?

Defendants argue that an arrest for disorderly conduct for cursing at officers is not an unconstitutional violation of the First Amendment, citing State v. Brahy, 22 Ariz.App. 524, 529 P.2d 236, 237 (1975), which analyzes an older version of Arizona's disorderly conduct statute in the context of an airport security incident. It is true that "[t]he First Amendment does not prevent enforcement of disorderly conduct statutes so long as they are not vague or applied to curb protected speech." Duran, 904 F.2d at 1377 n. 4. In Duran, however, we held that the factual issue of whether the police officer's motive for the arrest was a result of the criticism towards him-and thus was applied to curb protected speech-was one that should not be resolved on summary judgment. Id. at 1378.