Copyright Law

South Carolina Legislator Seeks to Criminalize Profanity in Public

By David Ardia

South Carolina state senator Robert Ford has proposed a bill that would make it a felony

for a person in a public forum or place of public accommodation wilfully and knowingly 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.

The bill would also make it a felony "for a person to disseminate profanity to a minor if he wilfully and knowingly publishes orally or in writing, exhibits, or otherwise makes available material containing words, language, or actions of profane, vulgar, lewd, lascivious, or indecent nature."  Presumably, "public forum" in this context includes the Internet.

Has Senator Ford ever heard of the First Amendment?  More from Eugene Volokh at the Volokh Conspiracy.

Full post as published by Citizen Media Law Project on January 16, 2009 (boomark / email).