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I agree with you, but I'm not sure it is all that simple.
IIRC, higher court precedent is binding on lower courts if the higher court is within the lower court's path of appeal. And obscenity cases aren't all that common, so the tricky bit is determining if there is an applicable one in the body of case law.
Ooh, I like that one! Makes people look twice without being offensive unless you are a snowflake. In which case, you flip it back to them, "Get your mind out of the gutter."
I know a guy who wears a F*ck Biden tank top when he does his workouts. F*ck is spelled out in huge letters. No one has said anything and he lives in a left wing city. Maybe because this top shows off his bulging muscles.
There are plenty of other ways the woman in the story can offend the Dems. Given the info coming out Aug. 10 from Mike Lindell showing how China hijacked this election, she could buy a sign that shows Joey's face in the place of Mao while keeping the Mao haircut and uniform with the White House in the background and a hammer and sickle flag flying over it.
You're wrong on so many levels. If this municipal judge doesn't reverse his own ruling, it will be throw out on the first appeal.
See the Supreme Court's 1971 ruling in Cohen V. California
Well - that was a case regarding "disturbing the peace", not obscenity. Yes, she should have the right to her bone-headed banners and probably will, if the appeals run high enough. But the law is a bit more complex.
Without the F word peoples conversations would be 30% shorter. Bloggers on the major opinion sites would have to come up with another way to up their word count. It's just too much to even think about.
Funny how that works! I bet you if she had F Bomb Trump signs, the same judge would give her $250 a day....
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