South Carolina Seeking To Outlaw Profanity

MBGMorden writes "It looks like in an act that defies common sense, a bill has been introduced in the South Carolina State Senate that seeks to outlaw the use of profanity. According to the bill it would become a felony (punishable by a fine up to $5000 or up to 5 years in prison) to 'publish orally or in writing, exhibit, or otherwise make available material containing words, language, or actions of a profane, vulgar, lewd, lascivious, or indecent nature.' I'm not sure if 'in writing' could be applied to the internet, but in any event this is scary stuff."

Now THIS is obscene:

[Anonymous Coward]

SECTION 3. Section 16-15-305(A)(3) of the 1976 Code is amended to read:

"(3) publishes orally or in writing, exhibits, or otherwise makes available anything obscene to any a group or individual; or"

This offends me. Go to jail legislators. Do not pass GO. Do not collect $200.

Not a big deal

[__aagmrb7289]

It is sponsored by ONE guy, and it was instantly referred to committee. Why is this even news? There is ALWAYS one guy that wants to stick his penis in the whole to see what happens... why should a group like a state's congress be any different?

Re:Ouch

[GuloGulo]

Perhaps in your haste you failed to read what you were responding to, but he asked "which amendment" added it "to the constitution".

Your link has fuck all to do with that, as you totally missed the point that IT WASN'T ADDED TO THE CONSTITUTION.

So apart from being factually incorrect and oblivious to how the Constitution is changed, yours was a nice post.

Re:the wet dream of every ultra fundementalist

[Giometrix]

"Really this is likely just another effect of the seating of the soon to be current US president. States like this, and thier white population, has been courted by the republicans for 40 years, rallied by the fear of the person who looks differnt. Times have changed, but the fear mongering has lasting effect."

I'd like to point out that Robert Ford is a Democrat and he's black.

Linky: http://en.wikipedia.org/wiki/Robert_Ford_(politician) [wikipedia.org]

Re:the wet dream of every ultra fundementalist

[Anonymous Coward]

http://www.scstatehouse.gov/members/bios/0606818109.html

Here is your white christian republican fundamentalist who is sponsoring the bill.

Re:What the fuck is wrong with South Carolina?

[MrWhitefolkz]

Even worst, it's ammending a bill from 1976, which outlaws the following (among other things)
"Seduction under promise of marriage."
Fornication
"Communicating obscene messages to other persons without consent."

I know every state in the United States has laws that should probably be better defined or come off the books all together. I would think that if you are going to add to a bill, you would update that bill at the same time. That way prostitution wouldn't carry a fine of 200 dollars and thirty days in jail but profanity would carry a fine of up to five thousand dollars and up to five years in jail.

CALM DOWN

[sourcehunter]

Ok folks - I live in SC - So I can say with some certanty - CALM DOWN.

1) This is just a BILL introduced in the Senate. I don't see anything on the House calendar indicating that it was also filed there, and if there was a SERIOUS push to make this happen, you'd see a similar bill in the house.

2) He submitted this SAME BILL the last THREE sessions. Thats the last 6 years. See session 117 [scstatehouse.gov], 116 [scstatehouse.gov] and 115 [scstatehouse.gov]. Quite frankly I didn't go back any further but he may have introduced this same bill before that, too. EVERY TIME this bill has been introduced, it has died in committee.

3) This guy has a terrible clearance rate. ZERO general bills on which he's the primary sponsor have passed in the last few sessions .

4) I bet if you look, you'll find this same type of legislation popping up in other state houses or county councils... and dying just as quickly. Someone's always going to try - doesn't mean they'll get anywhere and DOES NOT mean to freak out.

Re:Ouch

[Kozar_The_Malignant]

It was added to the Pledge of Allegiance in the mid 50s. Some of us are old enough to have learned it without the "under God" and had to relearn it with the new language.

there are no words that everyone can agree are bad

[trolltalk.com]

I think you're wrong.

I think everyone can agree that this word is definitely bad [wiktionary.org].

Now we can get the Bible banned! Awesome!

[trolltalk.com]

Sons of bitches just want to oppress self-expression. What impact will this have on music and literature. Do have any idea how many fucking books have swear words?

Check out the bible. "Piss" and "Bastard" and "Whore" - it'd be worth it just to see all the state-mandated bible-burnings, etc.

Contact Senator Ford

[Enderandrew]

* Robert Ford [D]
        Developer
        Dist. No. 42 - Charleston Co.
(H) P.O. Box 21302, Charleston, 29413

        Bus. [phone] Home [phone]
(C) 506 Gressette Bldg., Columbia, 29201

        Bus. [phone] Home [phone]

Re:Cancel my trip to Charleston

[Phroggy]

The word Purgatory doesn't exist in the Bible at all. Sheol (Hebrew) and Hades (Greek) do, though.

Re:Ouch

[Enderandrew]

His name is listed as the sponsor of the Bill.

Re:Ouch

[DarkSarin]

No, those are the US Senators FROM SC. Ford is a senator in the SC State Senate. Very different beast. At least pay some attention to the facts on the ground.

All that said...while I don't typically swear much, this guy's a moron and needs to be removed from office painfully.

Senator Robert Ford

[Vinegar Joe]

He's a Democrat, he's Black and he's from Charleston.

http://www.scstatehouse.gov/members/bios/0606818109.html [scstatehouse.gov]

Re:Ouch

[CaptCovert]

The 'No Swearing' law got overturned by the State Supreme Court of Michigan back in 2002. http://articles.latimes.com/2002/apr/02/news/mn-35828 [latimes.com]

Goddamn it, I am really fucking pissed off!

[rfc1394]

I wanted to be fucking funny by posting a goddamn comment with shitty profanity in it, only problem was I got fucked in the ass when the stupid browser ate my comment, and twice no less. This law is so motherfucking unconstitutional as to be dead the instant the son-of-a-bitch is enacted, but that's not why I'm mad; I'm actually kind of amused at how assinine these cocksuckers in the state capital can be. What I'm mad about is the browser ate my comments, twice and I let it get away with it.

Stupid Asshole me allows this shitty browser to lose what I typed in here, then I re-enter the message but instead of using an external program to store the comment until I could post it, I allow myself to be fucked-in-the-ass a second time and it loses my comment while I'm formatting it. I am typing this in a separate program, I won't get bit a third time.

Here's how the statute is unconstitutional:

• Cohen v. California [wikipedia.org] , 403 U.S. 15 (1971), guy is wearing jacket in the county courthouse (but not in the courtrooms) which reads "fuck the draft." Is convicted for disturbing the peace. Conviction overturned; these mere words are inadequate to constitute disturbing the peace, and the idea does have First Amendment Protection
• People v. Boomer, 655 N.W.2d 255 (Mich. App. 2002), guy in canoe hits rock, dumps him into river, he responds with loud curses that are heard quite a distance away by police officer and a family with kids.

  The police officer ticketed Boomer, citing him for violating a more than 100-year-old Michigan law that criminalized the use of profane language in front of women and children.

  The Michigan Court of Appeals threw out Boomer's conviction and overturned the Michigan law, stating that "allowing a prosecution where one utters 'insulting' language could possibly subject a vast percentage of the populace to a misdemeanor conviction." The court went on to hold that the law violated the First Amendment's guarantee of free speech and that it would be "difficult to conceive of a statute that would be more vague." First Amendment Center [firstamendmentcenter.org]

• Idaho v. Suiter [findlaw.com] (2003), man goes to police station to talk to them about a check fraud case dealing with his friend, but apparently they can't do anything with him because he's not the one who committed the crime. This gets him mad, and after he's told to leave, tells the cop to go fuck himself, and turns to walk out the door; is charged and convicted for disturbing the peace. Idaho Court of Appeals upholds conviction. Idaho Supreme Court overturns conviction; "the phrase was the vulgar equivalent of saying 'go jump in the lake.'"

There are far too many others to list, but even misdemeanor or fine-only charges have been struck down; a felony law wouldn't stand 30 seconds.

Tagged Republicans? He's a Democrat

[Meor]

I wouldn't be surprised if either party introduced this bill but at least place the blame for this specific idiocy on in the correct place.

Re:Quoting from the United States Constitution...

[deraj123]

Then how about from the 14th:

"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;"

This specifically addresses both making and enforcing a law. And no, they can't make any law they want.

Check out what's already on the books

[Nethemas the Great]

You think this senator's proposal is funny, sad, twisted, etc. check out what's already on their books [scstatehouse.gov]. For people seemingly afraid of losing and wanting to protect their innocence they've certainly got quite a lascivious imagination...

Re:Ouch

[db32]

You are talking about President Eisenhower and he added it to the anthem. Now...if you are such a militant atheist that you will get your panties in a twist about "under god" in a damned song then I seriously doubt you will be bothered to actually go look at anything he said or did other than that. So here are some choice words from Ike

Don't join the book burners. Do not think you are going to conceal thoughts by concealing evidence that they ever existed.

Every gun that is made, every warship launched, every rocket fired, signifies in the final sense a theft from those who hunger and are not fed, those who are cold and are not clothed.

Here in America we are descended in blood and in spirit from revolutionists and rebels - men and women who dare to dissent from accepted doctrine. As their heirs, may we never confuse honest dissent with disloyal subversion.

I despise people who go to the gutter on either the right or the left and hurl rocks at those in the center.

I hate war as only a soldier who has lived it can, only as one who has seen its brutality, its futility, its stupidity.

I like to believe that people in the long run are going to do more to promote peace than our governments. Indeed, I think that people want peace so much that one of these days governments had better get out of the way and let them have it.

If you want total security, go to prison. There you're fed, clothed, given medical care and so on. The only thing lacking... is freedom.

He also had a rather lengthy speach warning America of the Military Industrial complex and how allowing the privitization of the military will only lead to more conflict due to its profits (Halliburton?). So all of you out there who just rant and whine about "evil Republicans" I suggest you actually read up on some of them and realize that this new breed of psychotic right wing religious bastards don't even begin to resemble one of the greatest Republicans ever. By all means though, go on whining about "under god" in the damned anthem if you can't be bothered to actually look into anything. Oh and last time I checked "under God" was not the establishment of a state religion by a LONG LONG LONG damned stretch, so really...might wanna look up what that whole separation of church and state is actually about before blathering on about any of that being "illegally".

Re:Ouch

[ogdenk]

Heh, I moved to SC because I thought VA was oppressive. This better not fucking pass. Like seriously, I've about had it with this shit.

This is also the state that abolished car inspections. Not even after a sale. Not annually. Never. This is even more braindead.

state constitution on topic

[arbitraryaardvark]

ARTICLE I.
DECLARATION OF RIGHTS
SECTION 1. Political power in people.
All political power is vested in and derived from the people only, therefore, they have the right at all times to modify their form of government.
SECTION 2. Religious freedom; freedom of speech; right of assembly and petition.
The General Assembly shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble and to petition the government or any department thereof for a redress of grievances.

Senator Robert Ford
District 42 - Charleston Co.
Contact Address:
(H) P.O. Box 21302, Charleston, 29413

        Bus. [phone] Home [phone]
(C) 506 Gressette Bldg., Columbia, 29201

        Bus. [phone] Home [phone]

It's 3 am here. I'm sure senator ford would like to hear from you about his bill. Feel free to call collect.
http://www.scstatehouse.gov/members/bios/0606818109.html [scstatehouse.gov] looks like a badaas tho, don't ring his doorbell.

Re:Ouch

[Swampash]

In the immortal words of Lenny Bruce, Take away the right to say "fuck" and you take away the right to say "fuck the government".

Re:Ouch

[russotto]

all you folks need to remeber that profanity is NOT covered in the first amendment, it protects political free speech, not calling each other names or the like.

Get over it, Robert Bork, you lost. Don't you have a book about Sodom to write?

Besides, the McCain-Feingold case proved that political free speech isn't covered either.

Re:Ouch

[afabbro]

I fail to see how the first amendment does not automatically /dev/null this

Because we've adopted the notion that it doesn't mean what it says. There's nothing in the first amendment that provides exceptions for shouting fire in a crowded theater or child porn, but those of those are illegal, seemingly in contravention of its simple words.

Once you leave the law to the interpretation of the courts, you open yourself up to all sorts of nonsense. Banning "obscene" speech is perfectly legal...as long as a court says that's what the first amendment means.