“Why can’t similar standards be applied to images and messages displayed in public places”
Because CA and MA would arrest people for obscene “MAGA” hats.
Absurd you say? Kids have been expelled from achool for Trump clothing ina manner that was clearly an abuse of power.
Look what Twitter and Facebook do to conservatives where there is no first amendment protection.
Liberals are tyrants. They abuse any power given them. Hence why there must be bright line, no discretion rules. They can’t handle anything.
And hence why this was a bad arrest.
“Because CA and MA would arrest people for obscene ‘MAGA’ hats.”
First, no one treated this case as obscenity. It is indecency. It may be protected speech but has limits when it comes to public display.
I reject that it is unreasonable to prohibit the public display of profanity on the basis of protecting children and on the basis that some people do not want to be forced to listen to it or look at it.
If CA and MA cannot tell the difference between indecent speech and political speech, perhaps they do not belong in the union.
“And hence why this was a bad arrest.”
I disagree. Regardless, the court took your side. It is what it is. I’ll pick my battles. So will the police.
But as far as I am concerned, when I see someone walking around Walmart with a big F-bomb printed on his t-shirt, I consider it disturbing the peace. I think communities can and should be able to set standards without infringing on Constitutional free speech such as a red MAGA ball cap.
I think the courts need to consider whether the place something is displayed is primarily a place intended for all people or is primarily for adults or even whether the place has specific uses. For example, a park for kids might use one set of standards, while a public lake might have another, and a university campus another. If we can regulate speech when it comes to defamation, copyright infringement, terroristic threats, and other cases, I think we can also regulate community standards of decency rather than having federal courts decide to override the desire of local communities.
The right to associate with people of your own choosing is also Constitutional. This has implications when it comes to community standards that may not necessarily align with those of the 9th circuit or the Washington beltway.