Friday, January 13, 2006

What is Free Speech?

A man in Kent County, Michigan was convicted of indecent exposure. His crime? He appeared in a comedy skit in 2000 where he exposed his genitals and filmed it with a voiceover joke.

His conviction was appealed, but the court rejected the appeal.

The basis of the appeal was that he was participating in free speech. His show was on public access, and he felt that he had the right to show whatever he wanted, indecent exposure notwithstanding. The Kent County assistant prosecutor noted that this wasn't a First Amendment case; that the first amendment deals with the right to an opinion, not the right to expose onesself on television. The Michigan Supreme Court decided that the questions the appeal presented should not be viewed by the court.

The question for you?
Is this a speech issue? Is it free speech to show your genitalia on public access television?

4 comments:

Anonymous said...

Waving genitals at people is considered lewd and lascivious behavior, isn't it? Isn't that what flashers do? It certainly isn't speaking. Acky-poo! I don't want to look.

Michelle said...

It would get thrown out here!

Bellejar said...

I really do wonder about this because of all the Con Law cases dealing with Nude dancing. The part that stumps me is the fact that there is a precedent that Ballroom Dancing is NOT protected speech. Then you get into that whole burning flags and draft cards and whether that is protected, but I agree with you this should not be protected speech, neither should campaign contributions.

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