Friday, April 07, 2006

Bushit Update

Apparently the case against the woman with the Bushit sticker was thrown out.

And here's most likely why, according to the Volokh Conspiracy:

The police officer unfortunately didn't know that the state had a Supreme Court decision about lewd decals, too (though "profane decals" is probably the more sensible term here): Cunningham v. State, 400 S.E.2d 916 (1991), which struck down on First Amendment grounds an ordinance that banned affixing to a car "any sticker, decal, emblem, or other device containing profane or lewd words describing sexual acts, excretory functions, or parts of the human body." The Georgia Supreme Court in Cunningham quite sensibly held that Cohen v. California, 403 U.S. 15 (1971), which upheld Cohen's right to wear a jacket that said "Fuck the Draft," applied equally to bumper stickers; because of this, the court set aside a conviction for displaying a sticker that said "Shit Happens."
Seems to me that the DeKalb County Police Department owes someone an apology, at least.


What do you know....the First Amendment. Pretty fancy.

2 Comments:

At 3:02 PM, Blogger Scott Roche said...

Who'da thunk it.

 
At 9:40 AM, Blogger codemorse said...

That damn first amendment.

Why can't it only support the speech and expression that I agree with?

 

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