#BIDEN ITS NOT ABOUT YOUR FREEDOM FREE#
"Particularly depressing," he adds, "to see an actual judge engaging in the kind of hand-wavey First Amendment pseudo-analysis I associate with Twitter trolls: 'Well, free speech isn't an ABSOLUTE right, therefore let's just assume this instance I don't like is one of the exceptions…'" The sign in this case was on the woman's own property," points out the Cato Institute's Julian Sanchez, noting on Twitter that it is "one of the Supreme Court's most famous First Amendment cases" and that courts have recognized the right to much more offensive forms of speech, including cross burning, swastika banners, signs saying "God Hates Fags," and yelling "fucking pigs" at police officers.
California was actually a closer call, because it involved wearing a 'Fuck the Draft' jacket into a public courthouse, where the government has some extra latitude to set rules of decorum. It seems quite a stretch to suggest that the sign was literally talking about a sexual act or wasn't political. What I'm confused by in this ruling is that even without Cohen, the signs don't appear to violate the language of the ordinance, which includes the Miller test. California, the Court held that a jacket emblazoned with "Fuck the Draft" was OK, even when worn inside a courthouse, and its wearer could not be convicted of disturbing the peace. Supreme Court has previously said on the matter. "That word was not one of the words that the kids spell out.") "We just had the National Spelling Bee," Bundy said when handing down his ruling, according to NJ.com.
(Bundy also seems to think permissible speech in this country should turn on what we would ask children to spell in spelling bees. But obscenity cannot be defined simply as "anything that offends the sensibilities of government officials," which seems to be what the judge is going by here. It is true that not all speech is protected by the First Amendment, and obscenity is considered an exception. It is clear from state law and statutes that we cannot simply put up the umbrella of the First Amendment and say everything and anything is protected speech." In defending the ordinance and its use to censor the anti-Biden signs, Bundy pulls out the time-tested censor talking point: "Freedom of speech is not simply an absolute right. The Roselle Park ordinance defines obscenity as anything that "appeals to the prurient interest depicts or describes in a patently offensive way sexual conduct as hereinafter specifically defined, or depicts or exhibits offensive nakedness as hereinafter specifically defined and lacks serious literary, artistic, political or scientific value." Three of the flags say "Fuck Biden." Bundy says if they're not removed, the homeowner will face fines of $250 per day.īundy claims the signs violate the area's ordinance against obscenity-and seems oblivious to the fact that the law runs afoul of the First Amendment if applied in this way. Last Thursday, Roselle Park Municipal Court Judge Gary Bundy ordered a local homeowner to take down profane flags critical of President Joe Biden that are displayed in her front yard. A Garden State municipal court judge says "fuck Biden" signs in a woman's front yard are illegal.
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