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Important: Does the First Amendment protect “truck nuts”?
Hot Air ^ | 4 Aug 2011 | Allahpundit

Posted on 08/04/2011 12:45:29 PM PDT by mandaladon

You can keep ObamaCare, the Commerce Clause, and the Tenth Amendment. As far as I’m concerned, truck nuts are the only constitutional game in town.

Threshold question: If it’s okay to ban these things as indecent symbols of American culture at its seediest, can we also ban The Waffle House?

On July 5, Virginia Tice, 65, from Bonneau, S.C. pulled her pickup truck into a local gas station with red, fake testicles dangling from the trailer hitch. The town’s police chief, Franco Fuda, pulled up and asked her to remove the plastic testicles.

When she refused, he wrote her a $445 ticket saying that she violated South Carolina’s obscene bumper sticker law.

The South Carolina code of laws reads, “a sticker, decal, emblem, or device is indecent … in a patently offensive way, as determined by contemporary community standards, sexual acts, excretory functions, or parts of the human body.”…

[Tice's lawyer] will argue whether these large, red, plastic testicles are “really an accurate depiction of a human body part.”

Believe it or not, this isn’t an easy legal question in the abstract. It’s difficult for a state to ban expression as “obscene” under Supreme Court precedent — and “indecent” and “obscene” aren’t the same thing — but the Court will give legislatures a bit of leeway so long as they’re not too aggressive. E.g., this famous case, in which a plurality of the Rehnquist Court found that a state could require strippers to wear pasties and G-strings in order to make them comply with a general ban on public nudity. If South Carolina demands that truck nuts be covered by truck jock straps, presumably they’re good to go.

(Excerpt) Read more at hotair.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Government
KEYWORDS: conservatives; freespech
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The question is, is the current statute too aggressive by providing for an outright prohibition? Law prof and First Amendment expert Eugene Volokh says yep, the law’s dead on arrival. The problem isn’t the “contemporary community standards” element of the statute — presumably truck testicles are A-OK with South Carolina juries — but the fact that it doesn’t meet the Supreme Court’s test for obscenity.................That's a nutty question!
1 posted on 08/04/2011 12:45:31 PM PDT by mandaladon
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To: mandaladon

Mr. Possum Sheriff? Prove they aren’t intended to represent bull nuts.


2 posted on 08/04/2011 12:47:28 PM PDT by null and void (Day 924. When your only tools are a Hammer & Sickle, everything looks like a Capitalist...)
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To: mandaladon

I still find it hard to believe that grown men would put those on their truck - I guess that’s to take the place of real ones they don’t have..........


3 posted on 08/04/2011 12:48:00 PM PDT by Psalm 73 ("Gentlemen, you can't fight in here - this is the War Room".)
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To: mandaladon

I favor public nudity bans.

I don’t think we have a right to display naked people in public, with the medical care exceptions.

Were I a judge/on a jury I think I’d put the truck nutz under that category.


4 posted on 08/04/2011 12:48:18 PM PDT by Persevero (Homeschooling for Excellence since 1992)
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To: null and void

Search for “Big Balls Airlines” on youtube.....a hoot!


5 posted on 08/04/2011 12:48:28 PM PDT by Gaffer
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To: mandaladon

Pruning shears will easily de-ball these things. Then toss them into the truck bed.


6 posted on 08/04/2011 12:49:23 PM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: null and void
Obama could use these..................Photobucket
7 posted on 08/04/2011 12:49:53 PM PDT by mandaladon (PalinGenesis)
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To: mandaladon
If Virginia has to remove her "truck nuts", maybe she could mail them to Boehner, he could use a set.

Take Back AMERICA! Restore The Constitution!
FUBO GTFO 2012 !

8 posted on 08/04/2011 12:50:05 PM PDT by The Sons of Liberty (Psalm 109:8 Let his days be few and let another take his office. - Mene, Mene, Tekel, Upharsin)
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To: mandaladon

Context is everything. Just the nutz on the truck bumper is a problem. But, if you have the whole bull image on the side of your truck door, then it’s not a ‘crime’.


9 posted on 08/04/2011 12:52:03 PM PDT by Palter (Celebrate diversity .22, .223, .25, 9mm, .32 .357, 10mm, .44, .45, .500)
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To: mandaladon

I think they’re pretty stupid.....but I wish I’d invented them.


10 posted on 08/04/2011 12:52:12 PM PDT by JoeDetweiler
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To: mandaladon

Somethings are beyond redneck, and I consider myself as redneck, but not retired redneck. This nut things falls in with a mullet hair cut.http://www.killmydaynow.com/2011/01/funny-mullets-haircut-20-pics.html/


11 posted on 08/04/2011 12:54:48 PM PDT by org.whodat (What does the Republican party stand for////??? absolutely nothing.)
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To: mandaladon


12 posted on 08/04/2011 12:59:42 PM PDT by CharlyFord (t)
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To: MagUSNRET; advertising guy

It made the sidebar so it must be important.


13 posted on 08/04/2011 1:05:47 PM PDT by Clint N. Suhks (Liz Cheney/Sarah Palin 2012 "the peas are in 0bama's court")
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To: Psalm 73
"On July 5, Virginia Tice, 65, from Bonneau, S.C. pulled HER pickup truck into a local gas station "
14 posted on 08/04/2011 1:06:39 PM PDT by matthew fuller (If America is to survive, the national socialist democrat (NAZI) party must be destroyed.)
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To: mandaladon

This is nuts.


15 posted on 08/04/2011 1:09:10 PM PDT by Gator113 (Palin 2012, period.....)
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To: mandaladon

First time I saw them it gave me a chuckle.

Don’t see them too often, I thought it was a fad that has already passed?

I have noticed that more often than not the driver is a woman, so what does that imply?

They are a humor novelty item, the ones sold in stores and on-line are just not that noticeable, most body piercing and tattoos are more visible and repulsive, but just try banning those!

Cop here needs to find some actual crime fighting to do.


16 posted on 08/04/2011 1:11:11 PM PDT by Loyal Sedition (Loyal Sedition, often described as "To the right of Attila The Hun"!)
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To: matthew fuller
"...HER pickup truck..."

Saw that - assumed it was her boyfriend's truck - even a lesbian wouldn't put fake nuts on her truck........

17 posted on 08/04/2011 1:14:00 PM PDT by Psalm 73 ("Gentlemen, you can't fight in here - this is the War Room".)
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To: mandaladon

So Chief Fuda, do you cruise around in your prowl car and cite cattle ranchers because the testicles on their bulls can be seen by the public?


18 posted on 08/04/2011 1:28:23 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: Travis McGee
Heh. The edge I keep on my handy Benchmade goes through these things like butter. Then I set 'em on the driver's side of the windshield.

Just a small action on behalf of western civilization... $;-)

19 posted on 08/04/2011 1:33:12 PM PDT by Joe Brower (Sheep have three speeds: "graze", "stampede" and "cower".)
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To: Joe Brower

Yeppers.


20 posted on 08/04/2011 1:36:04 PM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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