Arrested for “ I EAT ***” decal on truck

[Talontsi90]

He is 100% covered by the First Amendment of the Constitution, and that trumps any of Florida's backwoods laws. I think it's tacky af and will only bring harassment, so why have it, but that doesn't make it illegal. The cop literally said in the vid that he had a personal problem with it and went out of his way to try to make it a criminal offense. I had a "Fuck Authority" decal on the driver side quarter window of my Nova in high school. One day the campus cop told me I needed to remove it. I told him to kiss my *** and went on my way. Never heard anything else about it.

Actually, it isnt covered. Its not religious, nor against a hostile government. From https://www.law.cornell.edu/wex/first_amendment

" A less stringent test is applied for content-neutral legislation. The Supreme Court has also recognized that the government may prohibit some speech that may cause a breach of the peace or cause violence. For more on unprotected and less protected categories of speech see advocacy of illegal action, fighting words, commercial speech and obscenity. The right to free speech includes other mediums of expression that communicate a message. The level of protection speech receives also depends on the forum in which it takes place."   

The irony is, the dude on the phone pretty much made their case go away by "cussing at the dude" lol, he broke his own law.

 

[Slo_Ride 5,000+ posts]

Actually, it isnt covered. Its not religious, nor against a hostile government. From https://www.law.cornell.edu/wex/first_amendment

" A less stringent test is applied for content-neutral legislation. The Supreme Court has also recognized that the government may prohibit some speech that may cause a breach of the peace or cause violence. For more on unprotected and less protected categories of speech see advocacy of illegal action, fighting words, commercial speech and obscenity. The right to free speech includes other mediums of expression that communicate a message. The level of protection speech receives also depends on the forum in which it takes place."   

The irony is, the dude on the phone pretty much made their case go away by "cussing at the dude" lol, he broke his own law.

The First Amendment does not cover some things, such as hate, inciting violence, etc. But in this case it does. There have been many cases like this before and the charges always get dropped by a higher court. A lot of states have this same law stated in the vid. It always gets overturned and many lawsuits have been filed against the state and won.

 

[Talontsi90]

The First Amendment does not cover some things, such as hate, inciting violence, etc. But in this case it does. There have been many cases like this before and the charges always get dropped by a higher court. A lot of states have this same law stated in the vid. It always gets overturned and many lawsuits have been filed against the state and won.

Sorry but did you read what i posted? From that article https://www.law.cornell.edu/wex/obscenity

"Obscenity is a category of speech unprotected by the First Amendment. Obscenity laws are concerned with prohibiting lewd, filthy, or disgusting words or pictures. Indecent materials or depictions, normally speech or artistic expressions, may be restricted in terms of time, place, and manner, but are still protected by the First Amendment. There are major disagreements regarding obscene material and the government's role in regulation. All fifty states have individual laws controlling obscene material." 

The article covers it in detail and what the courts use to determine if its truly obscene.

 

[Slo_Ride 5,000+ posts]

And the Supreme Court has ruled them all unconstitutional. 

 

[Slo_Ride 5,000+ posts]

@Popwarhomie check out the first reply of the third comment.