Legal Question in Constitutional Law in Missouri
Constitutional Protection of Obscene Language
Does the constitutional guarantee of freedom of speech guarantee that I can use obscenities in a public place, even if children are around?
2 Answers from Attorneys
Re: Constitutional Protection of Obscene Language
No. The First Amendment protections are not without limitations. You may not cry "fire" in a crowded theatre; you may not threaten the life of a sitting US president; you may not slander or libel another, and you may not disturb the peace by using profanity in a public place.
Re: Constitutional Protection of Obscene Language
Mr. Aspinwall's answer is not entirely correct. If all you are doing is shouting obscenities then your actions are not protected, but if you are using them as part of a statement with some political, social, artistic, etc. content, then you will probably be within your rights.
The specific facts of your situation will determine whether what you say is protected or not, and since you haven't offered any facts I cannot offer an opinion.
In a 1971 Supreme Court case called Cohen v. California, the defendant had been charged with disturbing the peace for wearing a jacket that said "F___ the Draft" in a courthouse. The Supreme Court said that the message printed on the jacket was protected and could not be criminalized merely because of the offense it caused.
This does not mean that profanity in public will always be legal, but it does mean that it often will be.
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