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Are Bumper Stickers A First Amendment Right?

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




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