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Freedom of speech

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bowtie327

Junior Member
What is the name of your state? Home State of KY, problem in Ohio.
I have had on the tailgate of my truck, since 1998, "Back the @uck Off," to keep tailgaters back. Up until today I have never had any problem with police saying anything, so I figured it was not against the law and was covered under freedom of speech. I have had several police cars behind me too.
Today a Springdale Ohio officer pulled me over, very irate BTW, and told me that, "that," word was unacceptable in public. He further told me the next time he saw me with that on my tailgate he would arrest me on the spot for lewd conduct.
Does he have right to do that?
 


I AM ALWAYS LIABLE

Senior Member
shortbus said:
The right to free speech does not extend indefinitely in all directions.

My response:

Except, it does in this direction.

The cop needs a restraining order against him for "prior restraint." A prior restraint is generally defined as an administrative or judicial order "forbidding certain communications when issued in advance of the time that such communications are to occur." (Alexander v. U.S. (1993) 509 U.S. 544, 550 [113 S.Ct. 2766, 125 L.Ed.2d 441].) "Forcing the removal of offensive speech is typically treated as a prior restraint and severely restricted under the law."

Tell "Gomer the Cop" that you'll be taking him to court so that you can give him a Civic lesson concerning the United States Constitution - - something he would have learned about if he didn't drop out of high school.

IAAL
 

CdwJava

Senior Member
While I am personally offended by such displays of crude and vulgar language, as IAAL explained, there really is nothing the officer can legally do about your sticker.



- Carl
 

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