We $#%! love our First Amendment right of free speech, but do we sometimes take things too far? While some cities have tried to regulate cursing, or at least instituted curse free weeks, one state in Australia is taking this to another level. Those in Victoria (the second most populated state), is set to approve new legislation this week that allows police to fine people $257 ($240 Australian) for using offensive words or phrases.
These fines would be handed out just like a speeding or parking ticket by a police officer. The Attorney-General said that, “this will give the police the tools they need to be able to act against this sort of obnoxious behavior on the spot, rather than having to drag offenders off to court and take up time and money in proceedings.” Before you think any utterance of a curse word will land you with a stiff fine, the AG lets people know that it’s not targeted at the casual curser, but rather at “obnoxious, offensive behavior in public that makes life unpleasant for everybody else.”
Is Foul Language Constitutionally Protected?
Over the distinguished history of the Supreme Court, there have been many famous cases dealing with obscenities and a person’s right to free speech. In fact, the courts have consistently ruled that foul language is a constitutionally protected form of expression. The director of the ACLU in 2009 stated that “the law is clear that people have the constitutional right to use profanity, especially when it comes to government officials, because that is a form of political speech.” (the case was based on a man who gave police the middle finger).
The bottom line for the Supreme Court seems to revolve around whether someone was expressing their opinion or a form of political speech – no matter how crude. Some have bordered on the absurd (a child holding up “bong hits 4 jesus” during a school sponsored political rally) to deeply held beliefs (a man expressed his opinions about the draft through colorful wording on his jacket).
What do you think? Should people be fined for cursing? Is it obnoxious and unnecessary? Or is it your constitutional right to say what you want, even if it offends others?
I was brought up to believe that “obnoxious” behavior or speech was uncivilized behavior. Profanity was considered to show a lack of vocabulary as well as the ability to communicate; except in a stable of barracks. As our culture has “evolved” our ability to communicate has deteriorated. While we may have the right to express ourselves using these words perhaps we should be focusing on improving our vocabulary and communication skills. Not something that can be legislated, just plain common sense.
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