Court Orders Whistling Man: Walk Around More He thinks his whistling is free speech, but local businesses disagreed By Newser Editors and Wire Services Posted Feb 25, 2013 1:58 PM CST 35 comments Comments This is not the whistling guy. It's just a model who is whistling. Don't blame him. (Shutterstock) (Newser) – A Maine man charged with disorderly conduct for his loud whistling in downtown Portland has reached a deal with the city—he can whistle, but he can't linger in one spot. Robert Smith has been cited by police twice in the past year after businesses complained. He pleaded guilty last summer and reached a deal with the city in which he can keep whistling as long as he's moving. Smith says his whistling—audible a block away—is protected free speech and usually brings smiles, but city officials didn't buy the argument. See the Portland Press-Herald's original story.