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"Courts across the country have consistently ruled that cursing is speech protected by the First Amendment, regardless if people are within earshot," said Rana Elmir, deputy director of the American Civil Liberties Union of Michigan.
Elmir said cursing is protected even when it occurs in front of women and children. Sour ce
Boomer was convicted in August, 1998 for yelling a stream of profanities in earshot of a woman and her two children after he fell out of his canoe on the Rifle River. The 1897 law that he allegedly violated prohibited using indecent, immoral, vulgar or insulting language in the presence or hearing of women or children.
In today's ruling, Justice William B. Murphy, writing for the Court said, ""Allowing a prosecution where one utters 'insulting' language could possibly subject a vast percentage of the populace to a misdemeanor conviction."" He further added, ""?we find it unquestionable that [the law], as drafted, reaches constitutionally protected speech, and it operates to inhibit the exercise of First Amendment rights.""
The Court overturned a man's conviction for the crime of disturbing the peace for wearing a jacket in the public corridors of a courthouse that displayed the phrase, "F--- the Draft".
Virginia Beach's No Cursing Law signs are all over the VA Beach boardwalk. In the past year, 25 people have been giving citations for letting their curse words fly forth from their mouths. That's $6,250 collected in cursing fines last year.