The message initially said "your", but after this was pointed out to him on the radio, he changed it to "you're".
The ACLU has agreed to take his case.
Posted on 12/04/2008 5:45:23 AM PST by Born Conservative
Attorneys say truck owner has right to display message Sign by Hughestown man that contains expletive might be judged obscene, but lawyers contend it’s free speech.
A Hughestown man has the right to express his opinion in any way he seems fit, including the use of a word many deem obscene, two attorneys said.
Joseph Decker, 39, of Parsonage Street, was charged by Hughestown police with disorderly conduct over a sign he placed in the rear window of his Dodge Ram pickup truck.
Decker said he placed the sign that says, “If you’re in America and can’t speak English, get the (expletive) out” after he called his bank and had trouble understanding the call taker a few months ago.
“You get these people when you call these call centers and they don’t speak English,” Decker said.
Police said they received complaints about the sign that is exposed to children walking to Pittston Area’s Martin L. Mattei Middle School on New Street.
“From what I understand, the reason for the citation is due to the children nearby,” said attorney Joseph Cosgrove, who is also a constitutional law instructor at King’s College. “That’s called content-based discrimination. It is absolutely, totally and fully unconstitutional.”
“It may be offensive, but you can’t legislate or criminalize free speech,” attorney John Pike said, concurring. “Expressing one’s opinion is protected.”
Cosgrove and Pike referred to the 1971 U.S. Supreme Court decision in Cohen v. California that ruled the use of obscene language or words is considered free speech.
In that decision, similar to Decker’s case, a 19-year-old man was cited in Los Angeles in 1968 for wearing a jacket bearing the words “(Expletive) the Draft.”
It’s the same word as Decker placed on his truck.
“If you go back to that case, a guy wearing a jacket expressing his opinion about the draft, the (U.S. Supreme) court said it’s protected speech,” Pike said. “Same goes here.”
The word is also listed in Webster’s Collegiate Dictionary.
“I find (Decker’s) message and the use of this language distasteful, but the constitution protects it,” Cosgrove said.
Decker is cited under the disorderly conduct’s section of using obscene language or making an obscene gesture with intent to cause public inconvenience, annoyance or alarm, according to the citation filed with District Judge Fred Pierantoni in Pittston on Nov. 11.
Police said complaints filed by parents walking their children to school are examples that the sign is a public annoyance.
“It may be bad taste, but his intent to my understanding is not to annoy people, he’s just speaking his mind,” Pike said.
“Issuing the citation is an incredible gross violation of the constitution and is without any possible justification, Cosgrove said.
Decker said he plans to plead not guilty to the citation.
A summary trial has not been scheduled.
The message initially said "your", but after this was pointed out to him on the radio, he changed it to "you're".
The ACLU has agreed to take his case.
What’s wrong with the word, “HELL?”
“Flock?”
“Get the flock out?”
LOL!
Would it be okay if he used the Spanish word for the expletive?
F’n Jew...courtesy of Hillary is okay though.
If you’re in America and can’t speak English, you sure as hell can’t read this anyway.
My uncle’s mother came from Italy. She never learned English. I’m glad no one booted her out as her many children and many many grandchildren went on to be educated, successful Americans. Uncle Rico is a retired teacher. My cousins are super smart and talented.
....tell the truck owner to clean up his act or go to jail...I’m sick of this “free speech” nonsense from the ACLU.
The other word they use is "Pinche", still no impact!!
boy are you on the wrong website...
And when will they take Joe the plumber’s case?
“It may be offensive, but you can’t legislate or criminalize free speech,” attorney John Pike said, concurring. “Expressing one’s opinion is protected.”
Great opinion! I’ll remember that when the “hate speech” topic comes up.....
It is not obscene. It is profane. And there is a difference.
In radio, depending on whether you are in the hours of safe harbor or not (10pm-6am) you can be profane or suggestive, but never obscene.
You can say the f-word as in “f-you”, but you can’t say “I f-ed her”. You can say “she rubbed me all night long” but not she “f-ed” me all night long.
If it was JUST the f-word on this bumper sticker, it wouldn’t even be coming to court.
Remember when the Yippies produced bumper stickers that said “F*** Communism” (without the asterixes and with a red white a blue patriotic color scheme)? They did it to challenge anyone who might think about shutting down the use of the stickers because of the f word.
That was 40 years ago. Can we find what the court rulings were then?
I guess he doesn't realize that many of these call centers aren't even in America.
Nevertheless, I agree with his sentiments.
Fajitas?
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