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State Senator Robert Ford is hoping to outlaw lewd language and is pushing for a bill that would prohibit profanity. Under the pre-filed bill, profanity could land you in jail for up to 5 years and/or cost you up to $5,000 in fines. Which words are exactly considered profane is still unclear, but the bill does have a list of qualifications for profanity including words or actions that are lewd, vulgar or indecent in nature. We spoke to Debra Gammons with the Charleston School of Law about freedom of speech. She reminds that the First Amendment is not absolute. You cannot say whatever you want whenever you want to. Courts will usually look at where the words were said and who heard them. Children are usually protected.
Originally posted by imagreenslushie
State Senator Robert Ford is hoping to outlaw lewd language and is pushing for a bill that would prohibit profanity. Under the pre-filed bill, profanity could land you in jail for up to 5 years and/or cost you up to $5,000 in fines. Which words are exactly considered profane is still unclear, but the bill does have a list of qualifications for profanity including words or actions that are lewd, vulgar or indecent in nature.
Both proposals are clearly unconstitutional, said David Hudson, a scholar at the First Amendment Center at Vanderbilt University in Nashville, Tenn. Anti-profanity laws are "relics of past eras." Although profanity can be prohibited in limited cases, such as in public schools or if it's part of a threat, most profane or offensive speech is protected under the First Amendment, Hudson said. "What may be profane to person A may not be profane to person B," said Keith Holzman, principal of Solutions Unlimited, a consultant and former record-label executive. "I'm against all forms of such legislation. You can't define profanity."
Under the pre-filed bill, profanity could land you in jail for up to 5 years and/or cost you up to $5,000 in fines.
"Section 16-15-370. (A) It is unlawful for a person in a public forum or place of public accommodation wilfully and knowingly to publish orally or in writing, exhibit, or otherwise make available material containing words, language, or actions of a profane, vulgar, lewd, lascivious, or indecent nature.
(B) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both."
SECTION 2. Article 3, Chapter 15, Title 16 of the 1976 Code is amended by adding:
"Section 16-15-430. (A) It is unlawful for a person to disseminate PreviousprofanityNext to a minor if he wilfully and knowingly publishes orally or in writing, exhibits, or otherwise makes available material containing words, language, or actions of profane, vulgar, lewd, lascivious, or indecent nature.
SECTION 3. Section 16-15-305(A)(3) of the 1976 Code is amended to read:
"(3) publishes orally or in writing, exhibits, or otherwise makes available anything obscene to any a group or individual; or"
The First Amendment to the United States Constitution is the part of the United States Bill of Rights that expressly prohibits the United States Congress from making laws "respecting an establishment of religion" or that prohibit the free exercise of religion, laws that infringe the freedom of speech, infringe the freedom of the press, limit the right to peaceably assemble, or limit the right to petition the government for a redress of grievances.
Freedom of speech in the United States is protected by the First Amendment to the United States Constitution and by many state constitutions and state and federal laws. Criticism of the government and advocacy of unpopular ideas that people may find distasteful or against public policy, such as racism, are generally permitted. There are exceptions to the general protection of speech, however, including the Miller test for obscenity, child pornography laws, and regulation of commercial speech such as advertising. Other limitations on free speech often balance rights to free speech and other rights, such as property rights for authors and inventors (copyright), interests in "fair" political campaigns (Campaign finance laws), protection from imminent or potential violence against particular persons (restrictions on Hate speech or fighting words), or the use of untruths to harm others (slander). Distinctions are often made between speech and other acts which may have symbolic significance. Efforts have been made to ban flag desecration, for example, though currently that act remains protected speech.
“Local school boards may not remove books from school library shelves simply because they dislike the ideas contained in those books,” said the U.S. Supreme Court in Board of Education, Island Trees School District v. Pico in 1982.
“If we want to get rid of all books with inappropriate content, let’s get rid of the Bible. That’s where we’d start,” Moen said.
Moen encourages her English 250 class to face the book-banning issue by reading a novel from a list of historically banned books. Some of these books include The Great Gatsby, The Adventures of Huckleberry Finn, The Catcher in the Rye and Charlie and the Chocolate Factory.
Originally posted by paperplanes
Well, Senator Robert Ford can suck it.
Originally posted by prd1
Forgive me if it appears that i'm changing the subject , but i think this is relevent to South Carolina legislation. I was reading an article in the " SUN " newspaper that Myrtle Beach is banning the annual bike rally this spring because the towns people don't want the noise and traffic and all that money the bikers bring. The mayor wants to make it a law to wear helmets and outlaw loud pipes in the city limits. I have several questions regarding this .
(1) Can a single town invoke a law making helmets mandatory when the state allows them to be optional ?
(2) Are there going to be border guards to inforce these requirements ?
(3) What about all the people traveling thru that haven't heard about the new laws , are they going to be heavily fined or jailed ?
Originally posted by jatsc
Whats exactly wrong with outlawing profanity ?
Even if they do approve it what is the likelihood of anyone getting charged. Most places in the US have laws about spitting on the ground and jay walking and how many get charged with those.
The other parts of the bill are crap but I really don't see a problem with it would someone please tell me what they think is wrong with it and why.