Thinking as a Hobby

Via the Volokh Conspiracy comes this story:

Denver police Sgt. Michael Karasek will be disciplined for threatening to arrest a woman for displaying on her truck a profane bumper sticker about President Bush, Police Chief Gerry Whitman said Tuesday.

...

About 11 a.m. Monday, Shasta Bates, 26, was confronted by a man while standing in a UPS store. The man told her he was upset by her bumper sticker, which read "Fuck Bush."

The man then went outside and flagged down Karasek, who was working off-duty in uniform at the shopping center, in the 800 block of South Monaco Parkway.

After reading the sticker and talking to the man, Karasek went into the store to confront Bates.

Bates, three UPS employees and a Rocky Mountain News reporter who happened to be there all say that the officer threatened to arrest the woman if she didn't remove the bumper sticker from her truck.

Bates filed a complaint against the officer with the department.

According to law professor Volokh:

It turns out that there's no applicable state law prohibiting profanity on bumper stickers. Even if there was such a law, though, it would be unconstitutional. In 1971, the Supreme Court held in Cohen v. California that public profanity -- at least not addressed to a particular listener or viewer -- was constitutionally protected; that case involved a "Fuck the Draft" jacket, but a bumper sticker is the same. And in fact the Georgia Supreme Court and, I'm told, an Arkansas court, have specifically applied Cohen to bumper stickers.

Ain't America great?




	Thinking as a Hobby Home Get Email Updates LINKS JournalScan Email Me Admin Password Remember Me 3477980 Curiosities served Share on Facebook				2005-01-27 9:24 AM Fuck Bush Previous Entry :: Next Entry Read/Post Comments (3) Via the Volokh Conspiracy comes this story: Denver police Sgt. Michael Karasek will be disciplined for threatening to arrest a woman for displaying on her truck a profane bumper sticker about President Bush, Police Chief Gerry Whitman said Tuesday. ... About 11 a.m. Monday, Shasta Bates, 26, was confronted by a man while standing in a UPS store. The man told her he was upset by her bumper sticker, which read "Fuck Bush." The man then went outside and flagged down Karasek, who was working off-duty in uniform at the shopping center, in the 800 block of South Monaco Parkway. After reading the sticker and talking to the man, Karasek went into the store to confront Bates. Bates, three UPS employees and a Rocky Mountain News reporter who happened to be there all say that the officer threatened to arrest the woman if she didn't remove the bumper sticker from her truck. Bates filed a complaint against the officer with the department. According to law professor Volokh: It turns out that there's no applicable state law prohibiting profanity on bumper stickers. Even if there was such a law, though, it would be unconstitutional. In 1971, the Supreme Court held in Cohen v. California that public profanity -- at least not addressed to a particular listener or viewer -- was constitutionally protected; that case involved a "Fuck the Draft" jacket, but a bumper sticker is the same. And in fact the Georgia Supreme Court and, I'm told, an Arkansas court, have specifically applied Cohen to bumper stickers. Ain't America great? Read/Post Comments (3) Previous Entry :: Next Entry Back to Top