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Baby Aardvark Time

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RogueOne4/01/2012 8:07:12 am PDT

Speaking of bad ideas:

A Crime to Use “Any Electronic or Digital Device” “And Use Any Obscene, Lewd or Profane Language” “With Intent to … Offend”?
volokh.com

That’s what Arizona HB 2549, which was just passed by both houses (though not yet signed by the Governor) provides, in relevant part:


It is unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to use a telephone ANY ELECTRONIC OR DIGITAL DEVICE and use any obscene, lewd or profane language or suggest any lewd or lascivious act, or threaten to inflict physical harm to the person or property of any person.

……..
So, under the statute, posting a comment to a newspaper article — or a blog — saying that the article or post author is “fucking out of line” would be a crime: It’s said with intent to offend, it uses an electronic or digital device, and it uses what likely will be seen as profane language (see, e.g., City of Columbia Falls v. Bennett (Mont. 1991)). Likewise if a blog poster were to post the same in response to a commenter’s comment. Likewise if someone posts something in response to an e-mail on an e-mail-based discussion list, or in a chatroom, or wherever else. (Note that if “profane” is read to mean not vulgarly insulting, but instead religiously offensive, see City of Bellevue v. Lorang (Wash. 2000), then the statute would be unconstitutional as well.)

You folks in AZ better watch your fucking mouths, I’m easily offended.