Legal Question in Constitutional Law in Washington
Is this public obscenity/ and is it legal?
recently pro life activists have been on the sides of roads across from parks & schools waving 6 ft tall signs showing dead fetuses. They are in full color, covered in various fluids, some hanging from umbilical cords. One shows separated fetus hands smeared in blood and other fluids resting on a quarter. I find these images un necessary & unavoidable as they are on a major public street. Can this be legal to put such graphic material up in such public places?
2 Answers from Attorneys
Re: Is this public obscenity/ and is it legal?
This type of speech is not obscenity, even though it is upsetting to much of the public. There are many horrific examples of poor taste in time, place, and manner of expression that are perfectly legal, although highly controversial. Examples are burning the flag, or those folks who protest at the funerals of fallen soldiers with insulting signs. I forget the name of the group and why they do it, but I do recall how horrible it appears.
Nevertheless, government can regulate the time, place, and manner of speech, such as with sound ordinances, or requirements for a permit to stage a parade on Main Street, etc. First Amendment law tends to be very fact specific, and sometimes leads to ludicrous outcomes of similar, but slightly different circumstances.
Nevertheless, to answer your question, yes, this type of speech is legal.
Re: Is this public obscenity/ and is it legal?
It's not obscenity and it is legal.
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