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A municipal court judge in New Jersey who apparently doesn't understand either the First Amendment or local ordinances has just ordered a resident to take down some f-bomb-laden signs from her yard. (h/t Peter Bonilla)
A municipal judge on Thursday ruled that a Roselle Park homeowner’s owner’s anti- President Biden flags including the F-bomb on her fence were obscene and must be removed because they violated a borough ordinance.
Roselle Park Municipal Court Judge Gary Bundy ordered the Willow Avenue homeowner to remove the signs with profanity within a week or face a $250-a-day fine. Patricia Dilascio is the property owner but her daughter, Andrea Dick, had the signs, three of which include the F-word, on display.
The signs, which can be seen in this photo, are certainly colorful in terms of language, and very definitely convey their owner's displeasure with the current regime.
(More information in link to original article.)
Opinion:
The first amendment absolutely prevents the government from censoring your speech, ESPECIALLY political speech. That is its entire purpose. ESPECIALLY political speech. Because we no longer have a king, nor do we want one. (unless it is Trump)
The 1st amendment does not limit private property owners, nor corporations from controlling their own platforms and moderating as they see fit. But it absolutely does (A) limit government, and (B) ESPECIALLY when you are displaying speech from YOUR OWN property (not someone else's property, where they could choose to not allow your speech on their property).
If people do not like Biden, they should have the right to say so as loudly and even offensively as they wish. (clue: a clear non offensive message can be more persuasive) A mildly offensive message can be effective in expressing one's outrage, without suggesting any intention of harm.
The problem here seems to be that there is a town law which forbids the use of offensive language. I like to avoid such words, for example, not using them on SN (other than quoting someone) because IMO it lowers the intelligence level. But that's just my preference. I happen to understand that other people are fine with using such language.
Perhaps this law should be focused on offensive messages rather than specific language or words. An obscene message is one thing. An F-bomb may be something different entirely, even if it could have been better worded.
In the 1977 Star Wars movie, after R2D2 emits a series of tweedle-beeps, C3P0 tells R2D2 "you watch your language", without needing say something like "watch your F'ing language".
N.J. woman must remove anti-Biden F-bomb signs or face $250-a-day fines, judge rules
F-bomb, bird flipping anti-Biden flags outside house near N.J. school infuriate neighbors
N.J. homeowner with F-bomb, anti-Biden flags ticketed, given court date
(Score: 2) by cmdrklarg on Thursday July 22 2021, @06:12PM
The first test is absolutely "eye of the beholder". What exactly is "contemporary community standards"? Is that not a "I know it when I see it" rule? Which community are we using as the gold standard?
Interestingly enough, the law being invoked here specifically lists those three tests as the method of determining obscenity. https://ecode360.com/35328682#35328681 [ecode360.com]
Also, she is not being censored. Censoring would be having somone come around and tear the banners down. She is simply subject to fines and possible jail time if she continues to violate the statute.
You have misread what I posted. I did not defend this judge's actions. Regardless of my political leanings, there are laws against obscene signs posted, and that is what this judge's actions are based on, the merits of said laws notwithstanding. Those are things for the courts to decide. Who knows, the case may go to the SCOTUS and result in the law being repealed.
*I* don't give a flying fuck whether she has these banners hanging or not. All a "Fuck Biden" banner's effect has on me is to confirm that the hanger is likely an idiot and an asshole and that I should avoid them. A "Fuck Trump" banner would confirm to me that said hanger has at least some functioning brain cells. Whether they were not an idiot and/or asshole would still be unknown.