CDR: Re: free speech children michigan law

[Steve Furlong]

Tim May wrote:
> 
> At 8:37 PM -0400 9/26/00, Steve Furlong wrote:
> >"A. Melon" wrote:
> >>  Michigans Anti-Cussing Law Called Into Question
> >
> ><<A Michigan boor swore at and made sexually suggestive gestures to a
> >woman after she asked him not to swear near a small child. He might be
> >charged under MI's anti-swearing law or under disturbing the peace.>>
> >
> >This doesn't sound like the peace and safety of the community is being
> >threatened. Why doesn't the offended woman file a civil claim, if she
> >was that offended? I don't know Michigan law, but the offence should fit
> >within the common law "intentional infliction of mental distress" and
> >"nuisance" torts.
> >
> >(I can't believe I wrote that. Two weeks in law school and I'm already
> >warped.)
> 
> Yep, you've already reached the point of being a waste of skin.
> 
> Perhaps you'll be leading the prosecution of a thought criminal in
> court when your particular building is mcveighed.
> 
> "File a civil claim," indeed. You should be shot dead.

<grin> In the year or so I've been posting on c-punks, you have several
times mentioned that I had a good point but not once had you suggested
that I should be killed. I was starting to feel left out.

I do not think the woman should be filing suit. She should have ignored
the boor or, if her command of invective sufficed, told him off
scathingly. I do, however, support the right of people to take matters
to civil court if they truly feel they have been wronged. I'd prefer to
see a loser-pays system to prevent or compensate for frivolous claims,
as this claim would be likely to prove.

The _main_ point I wanted to make was that the state had no business
interfering here. The anti-swearing law is nonsensical, unenforceable,
and almost definitely unConstitutional. Disturbing the peace charges, if
they should exist at all, should be reserved for matters of greater
import than making a rude gesture at one woman. I concede that my
previous post didn't make my point well, if at all.

Regards,
SRF

-- 
Steve Furlong, Computer Condottiere     Have GNU, will travel
   518-374-4720     sfurlong at acmenet.net