May Massachusetts law bar racially offensive displays in bars?
gene at OSOLAW.COM
Wed Mar 15 18:11:31 PST 2000
At 05:55 PM 3/15/2000 -0500, you wrote:
>If the First Amendment protects speech like this, it must also protect
>more familiar forms of obscenity. For surely, racially offensive displays
>appeal to an unhealthy passion, threaten to aggravate an especially
>serious social harm, and often if not always transgress accepted community
>norms. Nor do they, as a class, have a redeeming social value that sexual
>displays do not. So it seems that the law is valid on its face and the
>facts present a legitimate jury question--unless sexual expression is
>constitutionally unique. But how could it be?
Because obscenity is limited to *sexual* speech. Racist speech, though
wrongheaded, is not obscene.
Gene"the 1st amendment protects the stupid" Summerlin
Ogborn, Summerlin & Ogborn, P.C.
210 Windsor Place
330 South 10th Street
Lincoln, NE 68508
(402) 434-8044 (FAX)
mailto:gene at osolaw.com
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