Pray tell, which of these apply to the interaction here?Ok, lets go another route. I 100% can arrest someone in Indiana for DOC on a public sidewalk based on HOW they are saying it, not based on the content of their speech.
IC 35-45-1-3 Disorderly conduct
Sec. 3. (a) A person who recklessly, knowingly, or intentionally:
(1) engages in fighting or in tumultuous conduct;
(2) makes unreasonable noise and continues to do so after being asked to stop; or
(3) disrupts a lawful assembly of persons;
commits disorderly conduct, a Class B misdemeanor.
(1) clearly doesn't apply
(2) any noise he was making was less than that being made by the crowd on the other side of the street
(3) "disrupts" must mean more than "says things an assembly of persons doesn't like hearing", otherwise it is far too subjective and void for vagueness.