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Page: Profile: Wren's Nest News Local
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Article: 18922
[Civil]
Date Posted:
11/20/2007
10:04:03 am EST
Wvox Stats
Views: 12,150
RSS: 17,538
Comments: 30
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Federal Judge: State Can Prohibit Profanity On Public Highways
Author: David L. Hudson Jr. Source: First Amendment Center Online
Title: FEDERAL JUDGE: STATE CAN PROHIBIT PROFANITY ON PUBLIC HIGHWAYS
  A North Carolina law prohibiting “profane” or “indecent” language on public highways does not violate the First Amendment, a federal judge ruled recently in the case of an intoxicated individual who yelled at police officers.
The statute in question provides: “If any person shall, on any public road or highway and in the hearing of two or more persons, in a loud and boisterous manner, use indecent or profane language, he shall be guilty of a Class 3 misdemeanor.”
Danial A. Flowers was convicted under this law and convicted as well of public intoxication and resisting or obstructing a police officer.
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Community Thoughts: There are 30 comments posted | Reverse Sort |
| Seen So Many Ways. | Nov 23rd. at 11:33:30 am EST
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bigcat (peoria, Illinois) - Email Me
I firmly believe that the First Amendment was more of a guideline rather than a commandment.
I'm sure that Washington had a few choice words for his horse whenever he accidentally stepped in a new made paddy. And if anybody was close enough to hear it, well, he'd be forgiven his verbal outrage, since his ragtag army was used to "plain language," and used it often and -colorfully.
I believe it had something to do with responsibility. Yelling "Fire", in a crowded theater is meant only when the theater is on fire, or about to blow up or to suffer some other disaster. To do so when nothing is happening is a public nuisance and could create big problems otherwise- especially should a panic ensue.
Foul language and its hand expressions has its place in human outrage, anger, pain, superstitions and even sexual situations.
While it isn't considered acceptable and often not used in polite conversations. Washington was polished enough to know the difference, but one can bet there were times when he was willing to call a g*d d**m spade -a spade- and not a "digging impliment," and knew horse s**t when he saw it.
But he used "Manure" in polite speech.
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| ... | Nov 23rd. at 11:06:10 am EST
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Draken (Bronx, New York) - Email Me - Web
You know who else liked to limit what people say?
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| MY 2 CENTS.... | Nov 23rd. at 5:38:46 am EST
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Whitewolf (Schenectady, New York) - Email Me
I'm kind of a split decision on this.... I believe in free speech, but just because you like to cuss doesn't mean everyone else wans to hear it!
Love to all
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| One Other Thing... | Nov 23rd. at 1:11:47 am EST
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nasionnaich (Stanchfield, Minnesota) - Email Me
Since this IS about 1st Amendment Rights...
I am getting really tired of all you folks who are convinced, for whatever reason, that yelling "FIRE" in a theatre (crowded or not) is NEVER allowed. People, do your research! If there is even the slightest possibility that there actually IS a fire - if you see smoke or flames of ANY size - you have a DUTY to yell "FIRE" in a theatre. Whether that theatre is crowded or empty.
To allow people to burn, just because you don't want to start a stampede for the doors, would be criminal.
This is barely related to the article, but it had to be said.
----nasionnaich
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| Profanity And Indecent Language... | Nov 23rd. at 12:53:55 am EST
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nasionnaich (Stanchfield, Minnesota) - Email Me
Can anyone define what this is, in a way that everyone will agree on just what, exactly, such language is? Or will it always be "language which is deemed by "Society" as being indecent and/or profane" - "Society" being whichever group happens to be in Majority at the moment? I mean, what is indecent to one group might be Holy to another......
As for the arrest and the circumstances surrounding it..... The cops said they first say the truck, with "coolers full of beer, trash and a group of people". They had not yet actually approached the truck, yet they were somehow able to discern that the coolers had a lot of beer and trash in them... Okay, they approach the truck - and the rowdy, boisterous fellas - and are called “dickhead” and “f---king a--holes"... One has to assume, since it is not otherwise reported, that the cops did absolutely nothing to warrant being called “dickhead” and “f---king a--holes.” Yeah, and my maiden Aunt's widower is named "Gracie". C'mon, we're talkin' about what are most likely County Mounties in North Carolina, not the Salvation Army -- i just can't envision those cops being anything other than "good ol' boys" and pulling the hick act..."Naow whut da y'all think yer doin' heah?", that sort of thing, complete with the Small-town Po-leece attitude. Around here, if your car is stolen you better have insurance - 'cause the cops ain't gonna do squat to find it or the a-hole what stole it; the local donut-inspection squad says that dusting for fingerprints is only done on TV shows like "CSI"........
Anyway, the fella gets himself arrested, not just for daring to do some public drinking of an intoxicating liquor, but for *gasp* calling a cop a “dickhead” and “f---king a--hole". Someone go get the rope, they done committed a Capital Offense. The insult was "fightin' words", 'cause it was "calculated to incite others to violence"....according to a judge, anyway. And the fact that the cops were out-numbered six-to-one -- ain't that how it always is? Gosh, those poor, defenseless cops might have had to use their batons, or even their guns... Better hire more thugs - uh, I mean cops - so the roads will be safe for those who simply can't stand to be called nasty little names.
I have dealt with the type of "peace officer" these cops probably are. More than once, I have had to park the car on the side of the RURAL road, just so I wouldn't drive into the ditch - or worse, into a "phone pole"; when the nearest town is over twenty miles down the road, and you've already come too close to being a hood ornament on a Mack truck, you sleep wherever you happen to be. More than once, I have been awakened by a "local" cop (County Mounty or Town Cop) who DEMANDED to know why I was there, or was simply told in no uncertain terms that my stopping there was not allowed - without being asked once if I was okay, or if I needed any help. At those times I was sorely tempted to reply with something like "I'm fine, just trying to not die here...", or something else equally flippant.
With how often people are looked on with suspicion by those who are supposed to help them, is it really any wonder at all why Mr. Fowler was so rude towards those cops? I don't think so. If I had been there - and been as drunk as he was - I probably would have called those cops much worse things than “dickhead” and “f---king a--holes.”
----nasionnaich
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| Not Quite The Same | Nov 22nd. at 9:30:33 am EST
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Jera Runesinger (Neath, Wales) - Email Me
Im sorry but i have to dissagree with the person who added "drawing a cartoon..." to their list of things that they didnt think should be offensive. To the people of that religion that was a DEEPLY offensive act and showed ignorance and intollerance on the part of the persons who drew the cartoons. Just read the comments regarding triiny and susanna on the other posts, we all get offended when our religious beliefs are mocked in the media
When it comes to religious arguments most of the problems are initially caused by people not having any idea about the beliefs of others or bothering to find out and educate themselves about it.
As for the drunk person verbally abusing the police officers, well he shouldnt have done it in the first place. Regardless of who you are you shouldnt have to put up with that in your job or line of work and if thaose types of people could actually be bothered to express themselves with more than monosyllabic expletives perhaps the world may become a slightly nicer place...
Jera
x
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| From A Retired Cop.... | Nov 22nd. at 8:35:49 am EST
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Jeff Kincaid (Lynchburg, Virginia) - Email Me
First, you do not get arrested for simply being a "potty mouth" to use another poster's term. The level of profanity that you have to rise to in most states is significant.
The person was obviously doing something to get police attention to begin with. A officer happens a long and sees a group of people whooping it up on the side of the road, stops to investigate, and is hit with a verbal assault. We do not have to take that kind of crap anymore than an average citizen would. In Va, a citizen so cursed at could go before a magistrate and swear out a warrant for "Curse and Abuse".
As for whether this is a violation of the 1st Amendment? Well the court said no. Whether you agree or not, it is not the fault nor the concern of the police officer. He/She is tasked with enforcing the law, not interpreting and discussing the constitutionality of it.
As for brother Kerr...remember he is an officer in Canada...they likely have different laws from North Carolina.
Peace and Light of this day of galliform consumption.
Jeff
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| Coldteablues1957@yahoo.com | Nov 21st. at 8:47:55 pm EST
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cher cunningham (Vincennes, Indiana) - Email Me
Why is this an issue? They should have simply arrested him for PI and disorderly conduct and he could have slept it off in the cooler overnight.
Cher
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| Free Speech Fundie | Nov 21st. at 4:03:39 pm EST
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Mysteries Child (Garfield, Arkansas) - Email Me
Yeah, I am.
Insulting someone may get you punched in the face, but it shouldn't be a crime.
Annoying or offending someone may get you chewed out, shunned, or, well, punched in the face, but it shouldn't be a crime.
I realize the First Amendment was probably created to protect people who speak about their dislike of the government and talk about finding a better way...
...not that it does that either; if you can find an old Communist, just ask them...
...but, on behalf of pottymouths everywhere, I want my right to call this g*dd*mn b*llsh*t by its rightful name.
And to scream obscenities at my oil pan, my lug nuts, my toilet (and the plumbing that goes with it) and, under certain circumstances, my daughter's irritating little dog, all to my heart's content.
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| First It's On The Highways, Then In Your Home... | Nov 21st. at 8:14:31 am EST
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karrie9 (Kenosha, Wisconsin) - Email Me - Web
Cops will only have dealings with you if you're already obviously arrestable? Cops here have bullied teens and young adults for looking alternative.
Also on the bottom of the given page:
"Pa. woman in hot water for profanity-laced tirade at toilet
Dawn Herb, who was shouting curses at overflowing commode in her home, was overheard by off-duty cop, charged with disorderly conduct. 10.17.07"
Yelling at her commode in her own abode and not at a cop on a highway, and this is not having to do with the law in the given story, I know, but next one won't have to even **yell** profanities and all sorts of things will of course be "fighting words." Including doing what upsets religious control freaks. Like drawing a Mohammed cartoon or uttering damn or God or (gasp) Goddamit. Or damn fascist (reference to the legal precedent mentioned in the article we're discussing) .
It gets crazy. That's why people who understand civil rights usually argue for the least restrictive alternatives possible. [Web LINK]
It's not just drunks yelling at cops that one has to worry about! Heck, we live in times that they're putting civil rights activists or even scholars like Richard Murphy on "the list" (of people of concern in these eternal times of war on terror) and all sorts of things.
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| The Cops Weren't There Because They Swore | Nov 21st. at 2:17:15 am EST
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Shadowbear (Hillsboro, Oregon) - Email Me
This was an additional charge - not the reason the cops stopped in the first place. They were being drunk and rowdy in a public place while "in charge" of a motor vehicle on the highway. The swearing issue did not arise until they were being abusive to the cops who stopped to break up the party.
Get real guys, you don't get a cop arresting you for swearing - unless you are doing something else as well. Free speech my hindmost parts.
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| I Thought This Was Delt With By The Civil Rights.. | Nov 21st. at 2:10:36 am EST
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Badger Breaking Ground (Denton, Texas) - Email Me
... movement back in the 60's or 70's. It was a little before my time, but didn't the Black Panthers run into this when refering to cops as "pigs"? I thought that as long as you don't use known profanity and framed the statement as an opinion you were okay. I wonder what Kerr Cuhulain would have to say on this issue? Being a cop and all.
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| Prohibit Profanity? | Nov 21st. at 1:50:19 am EST
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Katmandu (elba, Alabama) - Email Me
Ahwuh, buulll-shiatzu! Aren't there more important issues to deal with like drunk drivers and other various idiots out there?
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| Public Intoxication? | Nov 21st. at 1:27:43 am EST
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Deni (Danville, Kentucky) - Email Me - Web
Why not arrest this person for public intoxication? Last I checked it was illegal in most places and doesn't step on the toes of the first amendment. If this person had been arrested for public intoxication and nothing else then he would have no legal leg to stand on to make a first amendment claim.
It seems he was arrested for public intoxication and resisting arrest. Why add this charge? It seems like it does violate free speech to me. Personally, I want the right to call a cop a dickhead if he's being a dickhead. But that's just me.
Peace and Love,
Deni :)
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| Well! | Nov 20th. at 9:40:45 pm EST
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Richard Brownbear (North Wilkesboro, North Carolina) - Email Me
At least my drives to work will be quieter.
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