CDR: free speech children michigan law

[A. Melon]

Michigans Anti-Cussing Law
                           Called Into Question
                           Critics Challenge Statutes Constitutionality 

                           Sept. 26, 2000 

                           By Richard Zitrin 

                           PONTIAC, Mich. (APBnews.com) -- A
                           cussing construction worker may not be
                           charged with violating the states
                           controversial anti-swearing law because
                           of questions about the laws
                           constitutionality, a county prosecutor said
                           today. 

                           Oakland County Prosecuting Attorney
                           David Gorcyca is awaiting a sheriffs
                           report before deciding what charge, if
                           any, to file against the construction
                           worker who allegedly swore at and made
                           a sexually suggestive gesture to a woman
                           at a gas station on Sept. 14. 

                           The woman asked the man, who
                           apparently was upset that a piece of
                           construction equipment had broken down on the road in front of the
                           gas station, to stop swearing because there was a woman with a
                           small child in a car at one of the gas pumps, sheriffs Capt. Mike
                           McCabe said. 

                           103-year-old law 

                           The construction worker allegedly swore at the woman and told her
                           he could do whatever he wanted to do because this is America, he
                           said. The man then grabbed his crotch and made a sexually
                           suggestive gesture, McCabe said. 

                           The woman called the sheriffs department, which is expected to
                           present its report to the prosecutor Wednesday. 

                           Gorcyca said prosecutors are waiting to review the sheriffs report to
                           decide what they may charge the man with, although they likely will
                           not charge him with using indecent language while the state Court of
                           Appeals is considering a challenge to the laws constitutionality. 

                           Michigans 103-year-old anti-cussing law has drawn national
                           attention because of the case of the cussing canoeist, Timothy
                           Boomer, who was convicted last year of swearing in front of children
                           after he fell out of a boat in Arenac County. 

                           Boomer was fined $75 and ordered to work four days in a child-care
                           program, but he has appealed the conviction on free speech
                           grounds and the case is before the state Court of Appeals. 

                           Uncertainty over statute 

                           The uncertainty over the anti-cussing laws future means Oakland
                           County prosecutors instead may charge the construction worker with
                           disorderly conduct, Gorcyca said. 

                           "The Court of Appeals might determine that the statute runs afoul of
                           the Constitution and they might overturn the statute and set aside
                           his conviction," Gorcyca told APBnews.com today. "So were kind of
                           on tenuous grounds, even if we wanted to pursue that charge." 

                           McCabe said Boomers case is not similar to that of the allegedly
                           cussing construction worker. 

                           "Its a little different than the cussing canoeist, who didnt know
                           anybody was nearby," he said. "This guy did what he did cognizant
                           of his surroundings." 

                           Law carries 90-day jail term 

                           A 20-year-old man in Clare County in central Michigan also is
                           challenging the anti-cussing law. 

                           Steven Clevenger was accused of using indecent language in
                           February after he was fired as assistant girls volleyball coach at a
                           high school, Clare County Assistant Prosecuting Attorney Jamie
                           Raymond said. 

                           Clevengers trial has been put on hold while the canoeists case is
                           before the Court of Appeals. Both men are represented by William
                           Street of Saginaw, Raymond said. 

                           Neither Street nor officials of the Michigan American Civil Liberties
                           Union could be reached for comment today. 

                           Raymond said indecent language, which is punishable by up to 90
                           days in jail and a $100 fine, often is filed in Clare and surrounding
                           counties. 

                           "Many people have been charged and convicted," she said. "Its not
                           as common as drunk-driving cases, but its used from time to time in
                           our county...Usually, people plead guilty, get a fine, thats it. But this
                           is the first time to the best of my knowledge that the laws been
                           challenged as unconstitutional."