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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.
"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.