First Amendment Be Damned: Massachusetts Town Outlaws Swearing

Washington Post
June 8, 2012

THE RESIDENTS of Middleborough, Mass., have had enough. In a state with a storied history of Puritan-inspired prohibitions, they voted 183-50 in a town meeting last Monday to approve a proposal that would, among other things, impose a $20 fine on public profanity, First Amendment be damned.

In a town of roughly 20,000 people that the Associated Press described as best known for its cranberry bogs, profanity was just one of several practices addressed in the recently passed bylaw. The idea was to decriminalize certain behaviors prohibited in existing legislation that a cumbersome legal process often discouraged officers from enforcing. Other behaviors officers can now ticket include public marijuana use, public drinking and dumping snow on roadways. By treating them in the same vein as, say, traffic violations, the idea is that officers would actually be more inclined to deal with these issues when they see them.

Intentions aside, this proposal toes an uncomfortable line, as do most attempts to restrict speech — of any kind — in public. Even if the goal is to foster respect among residents, it’s not the best idea to let officers start ticketing vulgar language they hear in public spaces like parks or downtown. In fact, it’s not even clear where the line is and just what, exactly, the officers would be ticketing. As a local sergeant recently told the Boston Globe: “I think we all know, in our minds, what is inappropriate.” Do we? And is that really something that’s best for police to decide?

It’s easy to sympathize with Middleborough residents who don’t want to live in a perpetual rap song and encounter profanity everywhere they go. It’s also easy to see why the town’s Board of Selectmen would want to make their community a kinder, more genial place. Still, there are arguably bigger risks in imposing a law. If the Massachusetts attorney general approves it, the ordinance would encourage police to ticket speech that is, and likely will eventually be found to be, constitutionally protected. As it stands, the First Amendment protects profanity unless it’s coupled with true threats, fighting words or an incitement to imminent lawless action.

Read full editorial here

Views: 111

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

Comment by DTOM on June 19, 2012 at 5:00am

Visit Middleborough, MA

A Return To The Original America

(Pre-Bill Of Rights That Is)

Witches Ducked & Burnt - Trial By Ordeal Wednesdays & Saturdays

Bring The The Whole Family - Accuse A Sibling & Win Big Prizes

Comment by youhavetoforgiveme on June 19, 2012 at 4:31am

Hadn't you noticed? Government ALWAYS has a double-standard on such things. Or didn't you get the memo? :P

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

tjdavis posted a video

I, Pet Goat VI by - Seymour Studios | I, Pet Goat 6

I, Pet Goat VI by - Seymour Studios | I, Pet Goat 6It's time for great JihadI presented the events in the Middle East as an animated short film based on the ...
yesterday
tjdavis posted a photo
Monday
rlionhearted_3 posted photos
Monday
tjdavis posted a video

Official Trailer NOVA '78 directed by Aaron Brookner and Rodrigo Areias

NOVA '78 is a documentary about New York City's 1978 Nova Convention, the legendary counterculture gathering featuring William S. Burroughs, Patti Smith, Fra...
Sunday
Doc Vega posted blog posts
Saturday
tjdavis favorited Burbia's video
Friday
tjdavis favorited cheeki kea's photo
Friday
tjdavis posted a video

Peter Sellers - The Party (opening scene)

HQ HD "Does that include television sir ?" ... is still the best trolling paradigm in a movie.Support this channel: https://www.patreon.com/MusicPoints#Pet...
Friday
Doc Vega posted blog posts
Thursday
Snakedaddy favorited Parrhesia's video
Thursday
Doc Vega commented on Doc Vega's blog post The Rabbit Hole
"Cheeki kea, I pray that the insanity doesn't deepen and there's been an attack by some 18…"
Feb 18
Burbia's blog post was featured

Disgraced Former CNN Anchor Don Lemon Arrested

No longer an employed journalist, Don Lemon had been seen with far left agitator, Nekima Levy…See More
Feb 18
Doc Vega's blog post was featured
Feb 18
Less Prone favorited Doc Vega's blog post The Rabbit Hole
Feb 18
cheeki kea commented on cheeki kea's photo
Feb 17
cheeki kea posted a photo
Feb 17
cheeki kea commented on Doc Vega's blog post The Rabbit Hole
"Good poem for these times. I think it's only going to get worse though as we enter into the…"
Feb 17
cheeki kea posted a blog post
Feb 16
Doc Vega posted a blog post

Our Crazy Modern World

I'll be your host tonight in our first episode of "Our Crazy Modern World". Join us now!Apparently…See More
Feb 15
Burbia commented on cheeki kea's blog post BREAKING: The Epstein Files Illuminate a 20-Year Architecture Behind Pandemics as a Business Model.
"What a bummer. Can't tell thie 'dead' guy to eat shit now."
Feb 14

© 2026   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted