Interesting to note that saying "asshole tax" in public, and after coming over and sitting next to someone, sure seems to fit under -
California Penal Code 415:
Disturbing the Peace
A person can violate California's "disturbing the peace" laws by:
3. Unlawfully fighting, or challenging another person to fight, in a public place,
Disturbing another person by loud and unreasonable noise; if this is done willfully and maliciously,
and
Using offensive words in a public place, if the words are likely to provoke an immediate violent reaction. [Such offensive words are also known as
"fighting words"- my words, but see below]
CA 1.3. Penal Code 415(3) offensive words -
The last form of behavior prohibited by California's "disturbing the peace" law is what is known as "offensive words."
The legal definition of this form of disturbing the peace is that:
you used offensive words which were inherently likely to provoke an immediate violent reaction, and
those words were spoken in a public place.
What does it mean for words to be "inherently like to provoke an immediate violent reaction"? It means that:
The speaker said something reasonably likely to provoke someone else to react violently, AND
When s/he made the statement, there was a clear and present danger that the other person would immediately erupt into violence.
It doesn't matter whether the defendant intended to provoke a violent response from someone. However, if the defendant reasonably believed that his/her words were NOT likely to provoke an immediate violent reaction, s/he is not guilty of disturbing the peace.
Offensive words and free speech
This offense is what is known as the "fighting words" exception to the right of free speech that is otherwise guaranteed by the First Amendment to the United States Constitution.
California courts have held that the types of "offensive words" that California's "disturbing the peace" statute prohibits necessarily invite a breach of the peace. The courts believe that these "fighting words" are never essential to the expression of ideas . . . and that any value they may have is significantly outweighed by society's interest in order and morality.
Courts will determine what qualifies as "offensive words" on a case-by-case basis. Words that are vulgar, profane, rude, abusive, or disrespectful by themselves do not warrant prosecution for this offense.
It is the context surrounding your "fighting words" that is critical. You must speak the words in a provocative manner that is sure to provoke a violent response.21
[ above text taken from -
https://www.shouselaw.com/disturbing-peace.html#1.3 ]