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Keyser_Soze

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#41 8 years ago

NiteStryker;5435928Only in particular areas with an ordnance and its usually just a ticket, not "arrested".

The boardwalk in Virgina Beach has these signs:

no-cursing.jpg

Again, its a dick move, but its legal.

surely, it's unconstitutional? it's a direct infringement of the 1st amendmen.




FileTrekker Über Admin

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#42 8 years ago

In Britain you can and it happens a lot, be arrested for swearing. Take it from experience. Since the person in question lives in the same city I do...


Danny King | Community Manager | GameFront.com



NiteStryker

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#43 8 years ago
Keyser_Soze;5435964surely, it's unconstitutional? it's a direct infringement of the 1st amendmen.

They can ticket you for hateful or indecent language.




Keyser_Soze

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#44 8 years ago
NiteStryker;5436585They can ticket you for hateful or indecent language.

But in that, it's still illegal? Like a misdemeanour? That clearly infringes on the first amendment.




Junk angel

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#45 8 years ago

Decency, antidiscriminatory, antidefamatory laws.

If you look at them they all restrict the first amendment. Essentially depending on who you ask, the speaker either has complete freedom of expression or is limited by the rights of another.

I'd assume that the US interpretation does work within the realms of fully rightful expression and fully rightfull expression that collides with the rights of another. Now the question is who's rights are stronger. Usually it's the one being targeted by the hatespeech, as the speaker has a broader range of possibilities.

As far as I remember there were 3 kinds of constitutional rights.

a) unlimited - no one provides you with one, no one is allowed to touch it, the state has to make sure to defend it. - the right to life being an example - defendeable by anyone in a full range. b) limited by colliding rights - no one provides you with one, the state ought to guarantee it as is expected and it is unlimited as long as it does not collide with the right of another c) state guaranteed - essentially those that could not exist without state guarantee in any form - NHS, free school etc. Often services provided by the state.

The freedom of speech is kinda something that would fall into the second category.




NiteStryker

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#46 8 years ago
Keyser_Soze;5436587But in that, it's still illegal? Like a misdemeanour? That clearly infringes on the first amendment.

I mean, upfront, yes. But how necessary is it to say the word "fuck" on a crowded street on a warm summer night with families all around? There is no other substitute word you can use in the name of decency and respect?




Keyser_Soze

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#47 8 years ago
NiteStryker;5436916I mean, upfront, yes. But how necessary is it to say the word "fuck" on a crowded street on a warm summer night with families all around? There is no other substitute word you can use in the name of decency and respect?

It's indecent, yes, but that's aside my point. To limit freedom of speech is unconstitutional. No amount of judicial review and outlandish logic could possibly make it constitutional.




Granyaski VIP Member

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#48 8 years ago
FileTrekker;5436045In Britain you can and it happens a lot, be arrested for swearing. Take it from experience. Since the person in question lives in the same city I do...

Only if you swear at a copper though. If not you very rarely see anything happen. Arrested for swearing only really happens if the guy who does it is completely hammered of being a bit of a prick(no offence:))




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#49 8 years ago

Lol




Joe Bonham

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#50 8 years ago
NiteStryker;5436916I mean, upfront, yes. But how necessary is it to say the word "fuck" on a crowded street on a warm summer night with families all around? There is no other substitute word you can use in the name of decency and respect?

Then you could penalize him for disturbing the peace, there's no need to get free speech involved at all. Now it also depends on the tone and volume of what he is saying. Obviously if he is being excessively loud and intrusive with his language that might cause a problem. But if he is saying it at a conversational tone to someone else, who cares?

I honestly think that's a blue law, an obsolete law from a previous, more religious era that no longer serves any useful purpose.