Car sign with the f-word prompts Federal lawsuit.
A picture of the actual sign is at the link. Is it the f-word or the message that is being attacked?
Posted: July 31 8:07 AM
Police citation over sign leads to federal lawsuit
Hughestown man is seeking economic and punitive damages from borough.
By Steve Mocarsky smocarsky@timesleader.com
SCRANTON – A Hughestown man who was cited with disorderly conduct after displaying a sign in his pickup’s rear window using the f-word is suing the borough, the police officer who cited him and other borough officials.
The back window of Joseph Decker’s truck expresses his sentiments. This is the second version of his sign. The first version that prompted the citation did not censor the f-word. The Hughestown man is suing the borough because he was cited with disorderly conduct for displaying the sign.
According to a lawsuit filed Wednesday in U.S. District Court in Scranton, Joseph Decker says he suffered an attempted knife attack, vandalism and harassment as a result of the citation, causing him financial loss and mental anguish.
He’s seeking economic, non-economic, special and punitive damages to be determined at a jury trial, as well as costs, expenses, attorney fees and other relief the court deems just and equitable.
According to the suit, Decker on Nov. 11 received a non-traffic citation for disorderly conduct issued by Patrolman Robert Leombruni because of a sign on Decker’s truck that read: “If your (sic) in America and can’t speak English, get the (expletive) out!”
Although the charge was withdrawn on Jan. 26, the issuance of the citation violated Decker’s constitutional rights in regulating/restricting his protected speech, the complaint states. It goes on to assert the sign was not obscene and did not fall under other categories of unprotected speech.
“The citation also fueled a number of retaliatory acts by the public against Mr. Decker and caused him and his family great cost and distress,” the complaint states.
In addition to spending time conducting a legal defense, Decker sustained damage to his vehicle, including a shattered rear window, slashed tires, a creased bumper, a broken mirror and scratches and dents, the complaint alleges.
Continued:
http://www.timesleader.com/news/Police_citation_over_sign_le...
Is writing 'fuck' in public 'free and protected speech'?
I'm undecided on this. I certainly wouldn't want to have to see this sort of crap everyday and I certainly wouldn't want my children exposed to it. What right does he have to flash obscenities in my face?
On the flip side, I wouldn't want the government deciding what is acceptable speech. Unfortunately, there are many vulgar, ignorant people out there who can't express themselves without descending into such talk.
Without the inclusion of the obscenity, I would have probably beeped and given him a 'thumbs-up'. With it, he is just another ignorant, vulgar bigot.
I may not know the truth, but I know when I'm being lied to...
I may not know the truth, but I know when I'm being lied to...
Yes it is
"Paul Cohen was arrested in the Los Angeles County Courthouse for wearing a jacket emblazoned with the words "Fuck the Draft." He was convicted for "offensive conduct" because, the state court ruled, "offensive conduct" meant "behavior which had a tendency to provoke others to acts of violence." Even though no one actually threatened Cohen, said the state court, an attack was "reasonably foreseeable."
The Supreme Court reversed. The great conservative justice John Marshall Harlan wrote that "Fuck the Draft" was not "obscene" and that its offensiveness did not render it unprotected--even in the corridors of a courthouse! "
from here:
http://www.forbes.com/2009/07/28/gates-crowley-arrest-first-...
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Lets face it, the average Amerikan is an idiot..
-Ira Freeman
...let it not be said that we did nothing.
-Ron Paul