Two 1A decisions
Deliotb at AOL.COM
Sat Jan 13 16:58:43 PST 2001
We can all rest a little easier now that the Leviathan has been tamed.
Yes, I'm being sarcastic. Libertarian as I am, it's not at all clear to that
someone has the right to violate community norms in public where children are
present. Why can public nudity be banned? My inclination is to confine
Cohen v. California to its facts and its time period. Moral nuisance, anyone?
In a message dated 1/13/01 4:38:59 PM Eastern Standard Time,
maule at LAW.VILLANOVA.EDU writes:
<< In the T-shirt case, a district court judge had convicted Venus Morgan of
harassment for wearing a shirt with the words "I am the God of Fuck," to
the 1998 Tater Days Festival in Benton. A circuit court of appeals upheld
the ruling, saying that Morgan was being prosecuted not for the content
of her speech but for the "conduct" of wearing the offensive T-shirt.
The state appeals court agreed to hear the ACLU's arguments and
ultimately reversed the decision, finding that the harassment statute
requires more than a simple expression of dislike by the members of the
public for the conduct of another person."
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