*I'm looking for assistance in identifying the rule (law) that applies to these 2 questions and whether it will pass in a suit. I added what I thought would work be a start.

Fact Pattern:

Phoenix's Marty Mayor is known for his hard-line policies, which often draw protests and protesters. During Monday's city council meeting, a group of protesters gathers on the sidewalk outside the council chambers. They chant, "Impeach Marty Mayor!" and carry signs that state the same.

Inside the meeting, Peter Protester sits quietly, waiting his turn to address the city council during the "call to the audience" part of the meeting. When his name is called, Peter addresses the mayoy and council and says, "Ladies and gentlemen, this mayor's policies are f-ing racist."

Marty Mayor interrupts Peter and says, "Mr. Protester, if you use profanity one more time, I will have you arrested for disturbing the peace."

Peter continues, "This is just another example of his heavy f-king handed f-king fascist f-ing policies."

Marty Mayor orders the police officers who are in the chambers to arrest Peter. He also tells the police to clear the sidewalk of protesters outside the meeting, and charge anybody who remains with trespass.

This creates quite a stir, and Ace Reporter is getting lots of calls at his desk in the Phoenix Flyer Newspaper newsroom.

One of the calls is from Ace's best police source. When Ace sees who the call is from, he records the conversation without telling the caller. The source tells Ace that Marty Mayor is in an especially foul mood because he and his wife are getting a divorce, and that his wife got an STD from someone she was having an affair with. The source says the information is contained in the divorce court filing.

Ace heads down to the court clerk's office, pulls the file, writes and publishes a story about the divorce and the STD.

After the story makes it into the paper, Trisha T-Shirt Maker designs and sells a T-shirt with the image of the mayor's wife, which reads "Mrs. STD." The image is clearly the mayor's wife, but has been colored in a way that makes it look a little like an Andy Worhol painting.

1. Will the prosecution against Peter for using foul language and disturbing the peace succeed? Why or why not? [I believe the prosecution would not succeed as profanity is not limited by the First Amendment. But is the type of forum this is dictated whether this charge would stick?]
2. Are the police within their rights to clear the sidewalk and threaten the protesters with arrest for trespassing? Why or why not? (They were peacefully protesting so this would not be within the police rights, unless there was a noise ordinance?)