Are Bumper Stickers A First Amendment Right?

If you get out and drive around town at all you havespecific group of people that it is okay, at least in
surely seen all kinds of different bumper stickersGeorgia.
ranging from just a timid "Virginia is for Lovers" to "IDespite the victories by these mentioned above and
hate Bush" and many variations between. We seemany others there are a lot of states that have laws
parents displaying stickers stating they are proud ofsimilar to the one below:
their child like the "my child is an honor student" ones,According to the law in Tennessee, "the display of
and conversely the negative parody, "my kid beat upobscene and patently offensive movies, bumper
your honor student". What you may not know is thatstickers, window signs, or other markings on or in a
many states have statutes prohibiting certain kinds ofmotor vehicle which is visible to other drivers is
statements or illustrations. Is this a violation of our rightsprohibited and display of such materials shall subject
under the First Amendment? Let's take a look at whatthe owner of the vehicle on which they are displayed,
is being said.upon conviction, to a fine of not less than $2.00, nor
The U.S. Supreme Court has stated that "themore than $50.00." The state defines obscene like this:
government may not prohibit the expression of an idea"(A) The average person applying contemporary
simply because society finds the idea itself offensivecommunity standards would find that the work, taken
or disagreeable and the fact that protected speechas a whole, appeals to the prurient interest;
may be offensive to some does not justify its(B) The average person applying contemporary
suppression."community standards would find that the work depicts
Regardless, there have still been many situationsor describes, in a patently offensive way, sexual
where individuals have been cited for the language orconduct; and
illustrations displayed on their vehicles. One woman in(C) The work, taken as a whole, lacks serious literary,
Florida who had the famous four letter word forartistic, political, or scientific value
intercourse stated three times on a sticker was cited(11) "Patently offensive" means that which goes
but the charges were dropped because the wordsubstantially beyond customary limits of candor in
was not being used in a sexual context.describing or representing such matters.
A man in Georgia displaying the infamous "_ _itI have to agree with what the Georgia court
happens" statement was fined $100 by a localconcluded their ruling in the case mentioned above, a
jurisdiction, he took the case to the Georgia Supremestatement from Benjamin Franklin, "Everything one has
Court citing that the law was unconstitutional and theya right to do is not best to be done." So, in plain English,
sided with him saying, "the peace of society is notjust because we have a right to do it doesn't mean
endangered by the profane or lewd word which is notwe should. Use some common sense in what you
directed at a particular audience." This seems to statedisplay on your car.
that as long as you aren't directing your remark to a