Are "No Cursing" laws unconstitutional? (user search)
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  Are "No Cursing" laws unconstitutional? (search mode)
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Author Topic: Are "No Cursing" laws unconstitutional?  (Read 17733 times)
opebo
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Posts: 47,009


« on: September 24, 2005, 04:01:38 PM »

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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opebo
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« Reply #1 on: September 24, 2005, 04:12:15 PM »

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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opebo
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Posts: 47,009


« Reply #2 on: September 24, 2005, 04:19:56 PM »

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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