Disturbance (or breach) of the peace is a generic term encompassing a variety of conduct that violates public order, disturbs the public, or incites violence, including any violation of any law enacted to preserve peace and good order. It is a criminal offense recognized under common law and various statutes. The Texas statute for disorderly conduct, for example, offers an extensive list of what constitutes such an offense.
Whether a specific act constitutes disturbance of the peace depends on the surrounding facts and circumstances of the particular case. Massachusetts offers an illustrative standard for the offense. Indeed, its courts have stated a two-part test to determine whether a defendant's conduct constitutes disturbing the peace. First, the activity complained of must be that most people would find to be unreasonably disruptive. Second, the activity must have infringed on someone's right to be undisturbed. However, jurisdictions disagree on whether actual violence is a necessary element of the offense. For example, while Texas courts have held that "actual or threatened violence is an essential element of [disturbance] of the peace," South Carolina Courts have held that "actual violence is not an element of breach of peace."
While the constitutional rights to freedom of speech and freedom of religion have been used to defend against complaints of disturbance of the peace, it is generally accepted that the right to free speech does not justify the invasion of others' rights in the quiet enjoyment of their properties. For example, California has held that members of a religious outreach effort may be held liable for disturbance of peace if they use unreasonably loud noises in public and disturb nearby residents' resting in their homes during the evening.
[Last updated in December of 2021 by the Wex Definitions Team]