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| Subject:
Anti G.W. Bush baseball cap, legal, illegal?
Category: Relationships and Society > Government Asked by: lkf-ga List Price: $5.00 |
Posted:
10 Sep 2005 18:17 PDT
Expires: 10 Oct 2005 18:17 PDT Question ID: 566613 |
I wear a baseball cap that says F*CK G.W.BUSH (without the * While most people I meet either smile or comment that they like the hat, a Vermont state trooper told me that if I don't remove the hat I am subject to arrest. Is there a law in Vermont that states the hat is illegal? and if so what happened to freedom of the press and free speech? |
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| Subject:
Re: Anti G.W. Bush baseball cap, legal, illegal?
Answered By: justaskscott-ga on 10 Sep 2005 21:20 PDT Rated: ![]() |
Hi lkf,
As stated at the bottom of this page, answers and comments provided on
Google Answers are general information, and are not intended to
substitute for informed professional legal advice.
Perhaps the state trooper was thinking of "disorderly conduct" ("...
In a public place uses abusive or obscene language") or, perhaps more
creatively, "promotion of anarchy" ("advocate ... or incite unlawful
assault upon, or the killing of a public official").
"13 V.S.A. § 1026. Disorderly conduct"
The Vermont Legislature: Vermont Statutes Online
http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=13&Chapter=075&Section=03405
"13 V.S.A. § 3405. Promotion of anarchy"
The Vermont Legislature: Vermont Statutes Online
http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=13&Chapter=075&Section=03405
You can check online versions of the statutes, including Title 13
(Crimes and Criminal Procedure), to investigate whether any other
provisions might apply.
LexisNexis: Vermont Statutes and Court Rules
http://198.187.128.12/vermont/lpext.dll?f=templates&fn=fs-main.htm&2.0
The Vermont Legislature: Vermont Statutes Online
http://www.leg.state.vt.us/statutes/statutes2.htm
Supposing that there is an applicable statute, you might look to the
US Supreme Court's 1971 decision in Cohen v. California that the
wearing of a jacket with the words "F--- the Draft" is protected by
the First Amendment.
"Cohen v. California"
FindLaw
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=403&page=15
"F--- G.W. Bush" seems a little different from "F--- the Draft," but
the principles could be the same. See:
"Sticker stuck in cop's craw," by Brian D. Crecente (January 25, 2005)
Rocky Mountain News
http://www.rockymountainnews.com/drmn/local/article/0,1299,DRMN_15_3495709,00.html
You might contact an attorney (or the local chapter of the ACLU) to
ask about this issue.
- justaskscott
Search strategy --
Browsed online Vermont statutes, and searched LexisNexis version for:
obscene
obscenity
Searched on Google for:
"f--- the draft" "supreme court"
"cohen v california"
"cohen v california" "f--- bush" |
lkf-ga
rated this answer:
and gave an additional tip of:
$5.00
fantastic service, answered the question plus...5 stars and a tip of the cap the cap will stay on. |
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| Subject:
Re: Anti G.W. Bush baseball cap, legal, illegal?
From: nelson-ga on 11 Sep 2005 02:33 PDT |
You should have told him to do so. You would be much admired by all. You'd be a celebrity. You'd get the nice cell. (Just kidding on that last one.) |
| Subject:
Re: Anti G.W. Bush baseball cap, legal, illegal?
From: myoarin-ga on 11 Sep 2005 08:16 PDT |
Good luck, but you could still be in for a hassle. Perhaps, if you were a female, you could explain that the statement was an offer and not an attempt to "advocate ... or incite unlawful assault upon, or the killing of a public official". But then you - female - might get run in for soliciting ... ;) |
| Subject:
Re: Anti G.W. Bush baseball cap, legal, illegal?
From: professorman-ga on 11 Sep 2005 17:50 PDT |
To add to myoarin's comment, you would be commiting a lewd and lascivious act as per Vermont State Statute Title 13: Crimes and Criminal Procedure Chapter 59: LEWDNESS AND PROSTITUTION 13 V.S.A. § 2601. Lewd and lascivious conduct. The bright side is that your fine and/or jail time could be less for that offense than it would be for inciting a riot. |
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