Let's hear your Constitutional opinion!

This pic was taken at a DPS (Department of Public Safety) office in Texas:


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Soooo . . .


is that or would that be a violation of the first amendment, or not?

If not, why not?

If so, what can be done about it?

Freedom of speech dosen't allow cursing. Cursing isn't accepted in normal society. You can't go up to a black person and say # you ni.... It's just wrong.

reply to post by Lemon.Fresh


i'd have to go with the first reply on this one. freedom of speech pertains to the actual message of your speech, and vulgarity isn't required to prove any point that I can think of.

If it's NOT OK to yell "Fire" in a crowded movie house is it OK to yell "Movie" in a crowded firehouse?

All joking aside, my experiences with Texas leads me to believe that the residents are somewhat prudish in their daily lives. Profanity ranks right up there with smoking, drinking and talking about sex.

Well @&*(! I'd %*#)*& get arrested in that $*(@() office!

at that office.

Great OP with a good point for debate that is not clearly defined.

So the pertinent questions are:

1. Are disorderly conduct laws constitutional
2. Who or what determines disorderly conduct.
3. Is that person, body or process acting constitutionally in making a determination.

It's much like the classic example... The right to swing your fist around ends at my nose. Annnd... Your right to be crass, low, stupid, vulgar, and just plain publicly detestable ends at my ears. Polite Society, Polite Society. If that happens to be too much for you (not specifically you) then go somewhere else...

Yea, typical texas bs. My pal got arrested for wearing a tshirt with profanity on it. We were buying some drinks at a local store. The officer called him a foreigner and said that stuff don't fly around here. My pal is native american, and a veteran. Needless to say the charges were pretty quickly dropped.
As far as my opinion on the constitution, rest in peace.

Reply to post by sigung86

Doing what the king and church said to do was polite society.
The first amendment is to protect someone who is saying things that polite society may not want to hear.




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Reply to post by RicoMarston

So the government may limit what words you may use to express yourself.

Got it.


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It's a limit on profane words. To get a put across you don't need to say curse words. When we curse it lowers our standards as human beings. Cursing is negative from my point of view. To be arrested for cursing? Really depends on the situation.

My constitutional opinion? Regardless of your opinion on the use of profanity, there is no way it would be constitutional to throw someone in jail for using profanity. Nowadays, while profanity may be considered vulgar language to some, it is every day language to others. Besides, where does this person draw the line? So I can't tell him/her to go eff off but could I tell them to go shove it? Can I say, "eat me", but not, "gawd dammit"? It's the anger behind the word, not the word itself. You can't outlaw anger.

Time, place, manner.

Is this public or private property? The answer to that question is the first step in determining the constitutionality of the sign.

Generally speaking, there has to be an applicable charge if an arrest is going to stick. In most US states, swearing is not -- in an of itself -- disturbing the peace. However, you may be arrested for "contempt of cop" if you don't know when to shut up once one is summoned....

Not that most prosecutors would proceed with charges once you were booked and released. Except perhaps in Texas, haha.

Originally posted by Arcade425
Freedom of speech dosen't allow cursing. Cursing isn't accepted in normal society. You can't go up to a black person and say # you ni.... It's just wrong.

You can say "#$%^& you, F_G though....unfair In my opiniion

I'm not saying any of it's right. I'm saying there is no need for cursing period.

What about words that change meanings over time? For example gay. 50 years ago it wouldn't have offended anyone, however today it's a different story. Who decides what is offensive or profane.

Don't get me wrong, I think there is a built in deterrence to language that is offensive. No need for arrest.

You'll probably get beat up by some and made irrelevant by others. Either way.....

As to the constitutionality, nowhere on the sign does it say you couldn't go outside and say whatever you want

Also to consider, does it pass the Miller Test

I think it does. But alas, I'm not a constitutional scholar.

Ah-ah-ahem.


F* polite society.



While I fully accept a business' right to run an office the way they'd like, offensive language is the specific language meant to be protected by the first amendment, reasonable exception can be made for private institutions but the notion of being arrested for uttering words from F*** to Hell(yes, some people consider words like hell and piss offensive) to be offensive itself.

Originally posted by Arcade425
I'm not saying any of it's right. I'm saying there is no need for cursing period.

Swearing alleviates pain

Why does something require a need for it to exist?

Originally posted by survivalstation
[...] my experiences with Texas leads me to believe that the residents are somewhat prudish in their daily lives. Profanity ranks right up there with smoking, drinking and talking about sex.

You haven't spent much time in Texas have you? I'm Texan, and I can tell you, that's pretty far from the assessment I'd give you.

reply to post by Lemon.Fresh


Yeah that sign is pretty ridiculous. I could understand "please refrain from using profane language," but threatening your arrest in such an authoritative and arbitrary tone? There is no shortage of reasons to despise the DPS.

I've seen a lot of posts and a lot of opinions on this very subject.

Even the posts in here, seem to focus on why cussing is NOT necessary. It isn't necessary. But then again, neither is proper grammar, nor proper spelling, nor even a full cognizance of how to read and write.

I see the question posed to us here as this: "If you cuss, should you be arrested?" or perhaps "When has using a word become a crime?"

Let's face some facts here, cussing is simply a word, no different in REALITY than consonants and vowels like any other word. So, in reality, people think a crime has been committed because they felt "uncomfortable".

Now, I think the REAL argument here is where a comparison should be made. If someone comes into your house and they make you feel uncomfortable by their choice of semantics, then you, legally have the right to have them removed. In this case, the "house" is the Department building, so, in fairness, I think they have a right to have you REMOVED, and arrested only if they refuse. But, not to be arrested (or make it a crime) for simply using the word(s).

Language can be considered assult and has precedent in the courts. Alot of it actually so there is nothing constitutionally wrong with this at all.

I think it's stupid but that's just my opinion.