Bumper Sticker Might Be Obscene and Thus Constitutionally Unprotected

[Dill]

(09-27-2021, 03:27 PM)GMDino Wrote: Interesting article about the 1st amendment and qualified immunity.

https://tinyurl.com/3cwervnu

Please note there is a "dirty word" involved and it was in the title of the article AND the link so I used tinyurl to share the story.

tl;dr

Case was dropped against the two men but a judge found the officers that arrested the men was entitled to QI because they had to make a decision about what protected under the plaintiff's 1st amendment rights.

Seems like this could be a case of obsecenity. Putting the statement on a license plate is not "selling" it though.

https://scholar.google.com/scholar_case?case=8835686274303284467
"Any person who knowingly sells or offers for sale material depicting a sex act involving sado-masochistic abuse, excretory functions, a child, or bestiality which the average adult taking the material as a whole in applying contemporary community standards would find that it appeals to the prurient interest and is patently offensive; and the material, taken as a whole, lacks serious literary, scientific, political, or artistic value shall, upon conviction be guilty of a simple misdemeanor."