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| |-+  Constitution and Law (Moderator: True Federalist)
| | |-+  Are "No Cursing" laws unconstitutional?
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Author Topic: Are "No Cursing" laws unconstitutional?  (Read 9227 times)
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StatesRights
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« Reply #25 on: September 24, 2005, 02:09:39 pm »
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If it's constitutional for them to curse at me then it's constitutional for me to beat their a$$. lol
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opebo
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« Reply #26 on: September 24, 2005, 04:01:38 pm »
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Yes, it is certainly unconstitutional. Blanket bans on profanity violate the First Amendment.

Obscene speech can be prohibited only if the Miller test is passed, which clearly does not apply here. (Using profanity does not appeal to the "prurient interest.")

Banning speech which appeals to the prurient interest is clearly a violation of the first amendment.
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Emsworth
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« Reply #27 on: September 24, 2005, 04:07:54 pm »
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Banning speech which appeals to the prurient interest is clearly a violation of the first amendment.
For once, I completely agree with opebo. (I was only stating the Supreme Court's position in my previous post, not my own.)
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A18
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« Reply #28 on: September 24, 2005, 04:10:05 pm »
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So how about bans on public nudity?
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opebo
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« Reply #29 on: September 24, 2005, 04:12:15 pm »
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Banning speech which appeals to the prurient interest is clearly a violation of the first amendment.
For once, I completely agree with opebo. (I was only stating the Supreme Court's position in my previous post, not my own.)

Good for you Emsworth.  yes the court is wrong on this one as in so many things.

As for bans on public nudity philip, of course they are unconstitutional.
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A18
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« Reply #30 on: September 24, 2005, 04:16:22 pm »
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The only thing that's clear if that you are completely ignorant of the history and text of the first amendment.
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Emsworth
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« Reply #31 on: September 24, 2005, 04:18:29 pm »
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So how about bans on public nudity?
I think that the public property-private property distinction applies here. If someone owns a house, and wants to dance on his rooftop without clothing, his action is still protected, even if he is in the public view.
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opebo
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« Reply #32 on: September 24, 2005, 04:19:56 pm »
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The only thing that's clear if that you are completely ignorant of the history and text of the first amendment.

What the devil does that have to do with it?
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Speed of Sound
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« Reply #33 on: September 24, 2005, 04:21:54 pm »
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So how about bans on public nudity?
I think that the public property-private property distinction applies here. If someone owns a house, and wants to dance on his rooftop without clothing, his action is still protected, even if he is in the public view.
I agree. Private propoerty is owned by you, and you should be able to do almost anything you want on it.
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« Reply #34 on: April 01, 2007, 11:20:40 pm »
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Yes.
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nclib
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« Reply #35 on: April 02, 2007, 07:02:13 pm »
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While I do believe that laws banning any type of free speech (other than that which causes tangible harm) are unconstitutional, I believe that there is more of an argument towards banning hate speech against women, minorities, etc. than towards banning cursing. That said, I would still oppose a ban on either.
« Last Edit: April 02, 2007, 07:04:29 pm by nclib »Logged



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