Is law against using vulgar language outdated?

[Diva]

(ABC (http://abcnews.go.com/wire/US/ap20020401_823.html)) -- A state appeals court Monday struck down Michigan's 105-year-old law against using vulgar language in front of women and children, throwing out the conviction of a canoeist who let loose a stream of curses after falling into the water.

The three-judge panel unanimously overturned the 1999 conviction of Timothy Joseph Boomer. A jury had found him guilty of violating the law by swearing repeatedly after tumbling into the Rifle River.

He was fined $75 and ordered to work four days in a child-care program, but the sentence was put on hold while the case was under appeal.

Enacted in 1897 and slightly reworded in 1931, the law says that anyone using "indecent, immoral, obscene, vulgar or insulting language in the presence or hearing of any woman or child shall be guilty of a misdemeanor."

The appeals court declared the law unconstitutional, saying it would be "difficult to conceive of a statute that would be more vague."

"Allowing a prosecution where one utters `insulting' language could possibly subject a vast percentage of the populace to a misdemeanor conviction," the court said.
The guy admitted cussing up a storm after falling in the water. There were kids all around him. Do you think this is a valid law? Should he have been fined?

[Jake]

The guy was out of line for sure. But an officer could have just told him to be respectful of the youngins around him and left it at that.

[SysLord]

The law is sexist to say the least. Either change it or get red of it I say.

[Sterling]

What happened to freedom of speech?

I should be legally free to use whatever kind of language I please. There may be social consequences for using inappropriate language in some situations, but there should not be legal ones.

You cannot legislate for manners, and nor is it desireable to attempt to do so.

[GLADIATOR]

So you believe your freedom of speach over rides someone elses freedom to walk a public street with their grandmother or children with out having to listen to some vile filth spewing from your neck? Some one has the right to stand infront of your mother or granny and say what they like? Sorry man but I cant agree with that. Think about what your saying here a little bit

If you think you have that right try it here in this forum and watch how quick I take it down again!! Manners man if you dont use them then someone needs to legislate on the subject and someone else needs to enforce the legislation

I know my language is not perfect, but I do try to moderate it in company of children, or indeed persons, that it may offend.
For certain, if I was pulled up about it, I would immediately apologise.

There is no substitute for manners. And a little more discipline, is needed by parents, in explaining that to their children.

[Sterling]

Of course there should be some legal limits on speech, but the bar for what kind of speech should be illegal merely because someone finds it offensive should be very high indeed.

[GLADIATOR]

Originally posted by Sterling
Of course there should be some legal limits on speech, but the bar for what kind of speech should be illegal merely because someone finds it offensive should be very high indeed.

I think we all know whats offensive and whats not.

Anyway, if it does offend someone, and its in a common area, why not just stop.

I can swear like a trouper, but if I am pulled up about it, I apologise and stop, I can use a simple word like G-D, and it offends someone, so I stop. who needs the hassle of a fight, use another word.

[Sterling]

But do we all know what's offensive and what's not? I think it's really quite subjective. What offends me is not the same thing as what offends my grandmother, for example.

Of course, if I'm offending someone, and they ask me to stop, I will. That's just polite. Indeed, I try not to offend in the first place.

My point is that it is not the purpose of the law to legislate people into being decent. I'm making a distinction between what should be left to society at large to regulate, and what is the business of government and the legal system.

You cannot legislate for human decency, and I don't think it's helpful to try.

[Redallnite]

All I know is let that man do the exact same thing here, the closest man would have shut that mouth up for good. (not dead) It may be his right as an american to say whatever comes out of his limited brain, but it's tacky!!

If not knowing what's offensive and what's not, is a matter of your raising. Even the most bass ackwards redneck knows not to cus in front of women and children.

Of course, being in a cell would be safer for some dick head that can't hold his tounge. :shutup: