Are "No Cursing" laws unconstitutional? (user search)
       |           

Welcome, Guest. Please login or register.
May 19, 2024, 02:15:37 AM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Discussion
  Constitution and Law (Moderator: Okay, maybe Mike Johnson is a competent parliamentarian.)
  Are "No Cursing" laws unconstitutional? (search mode)
Pages: [1]
Author Topic: Are "No Cursing" laws unconstitutional?  (Read 17825 times)
John Dibble
Atlas Icon
*****
Posts: 18,732
Japan


« on: August 27, 2005, 02:18:56 PM »

The laws are unconstitutional if the speech does not cause any tangible harm to a person. If someone is offended by cursing, they are not tangibly harmed - you have no constitutional right to never be offended.
Logged
John Dibble
Atlas Icon
*****
Posts: 18,732
Japan


« Reply #1 on: August 27, 2005, 02:28:12 PM »

The issue here has nothing to do with a constitutional right to not be offended. Rather, it is about how broad free speech is. Your interpretation is incompatible with 200 years of constitutional law.

Evidence? I don't know if there's ever been a ruling or statement on cursing laws in regards to the first amendment.
Logged
John Dibble
Atlas Icon
*****
Posts: 18,732
Japan


« Reply #2 on: August 27, 2005, 02:36:07 PM »

Libel does not cause any tangible harm to a person. I assure you that has been illegal for some time.

Libel is written, slander is spoken. Wink

But, since that's besides the point, if Bob says Jim's restaraunt uses horse meat when it doesn't, and Jim's business goes down because of this rumor, there is tangible harm(maybe I should have been more specific, it's not just physical harm that applies, since speech can't hurt you at all). Further though, this is once again besides the point - a curse word isn't slander by any means, and as far as I know can't really cause any harm to another person.
Logged
John Dibble
Atlas Icon
*****
Posts: 18,732
Japan


« Reply #3 on: August 27, 2005, 02:52:38 PM »

I was attacking the tangible harm premise. If opebo tells some three year old girl to suck his dick, that does her no tangible harm. I don't know too many people that would argue it's protected free speech under the first amendment.

Well, I guess that's just differences in what we mean by 'tangible harm'. Admittedly some things are more tangible than others.
Logged
Pages: [1]  
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.019 seconds with 10 queries.