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Australian Argues for Freedom of Mooning

Carl Brewer submits this blurb about an unusual freedom of speech argument.

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  1. Fuck the draft by MacAndrew · · Score: 4, Insightful

    Now that I have your attention...

    Free speech cheerleaders that Americans are, I'm pretty sure this bare argument would get skewered in court, at least on public indecency grounds. Certainly you have the right to give a cop the finger, though I really really recommend you don't.

    There was a classic SC case ( Cohen ) during the Vietnam War a man was observed in a couthouse corridor wearing a jacket emblazoned "Fuck the draft" on the back. He went into a courtroom, first taking the jacket off, and was arrested.

    His conviction was overturned because the Court felt he had not crossed the line between his right of expression and the court's need for decorum (you couldn't break into song during a trial, for example, unless maybe you were a defendant pleading insanity :).

    So there is a time, manner, place for different kinds of expression, even uncivil ones. I'm just not picturing the place for expressive mooning ... besides a nude beach. I remember a football coach at my high school getting canned for mooning a female math teacher, but that was private school -- no First Amendment.