NationStates Jolt Archive


Interesting test for freedom of press/speech

Not bad
20-10-2006, 01:00
I'm a bit uneasy about a guy posting a sign threatening to rape complainers. Is he well within his rights or has he gone too far? Is he defending freedom of the press here?

http://cbs3.com/watercooler/local_story_292102930.html



The city of Philadelphia is moving to close down a newsstand near the Liberty Bell whose owner allegedly insists on selling pornography.

He also posted a sign threatening to rape anyone who objects.

City officials say Mouhammed Shaukat was warned to stop displaying pornography at his stand at Sixth and Chestnut streets because of the hundreds of tourists who pass by.

Officials say Shaukat refused and then posted a sign using the f-word and threatening to rape those who complained.

Shaukat showed up at a City Council committee Wednesday and was grilled by lawmakers Frank DiCicco and Frank Rizzo Junior. Shaukat replied: “It’s just a writing.”

The committee approved a bill to close the newsstand. The measure now goes to the full Council.
Wanderjar
20-10-2006, 01:04
I'm a bit uneasy about a guy posting a sign threatening to rape complainers. Is he well within his rights or has he gone too far? Is he defending freedom of the press here?

http://cbs3.com/watercooler/local_story_292102930.html

Nope, not within his rights. Your rights only go so far, and insinuating violence is not acceptable. He should be fined.
Greater Trostia
20-10-2006, 01:05
I'm a bit uneasy about a guy posting a sign threatening to rape complainers. Is he well within his rights or has he gone too far? Is he defending freedom of the press here?

Hmm...

[quote]He also posted a sign threatening to rape anyone who objects.

Nope, making explicit threats of violent criminal action is a legal matter, not something safe under the concept of freedom of speech. Unless you believe in absolute freedom of speech.
Rhaomi
20-10-2006, 01:09
Hey, on the bright side -- if he gets convicted, I'll have legal precedent for my teacher to get rid of that annoying jar (http://myfriendsandi.com/photos/students.jpg) of hers.
Fleckenstein
20-10-2006, 01:11
Hey, on the bright side -- if he gets convicted, I'll have legal precedent for my teacher to get rid of that annoying jar (http://myfriendsandi.com/photos/students.jpg) of hers.

Hey, its better when there's mints in there and village idiot wonders aloud, "We turn into mints when we die?"
New Domici
20-10-2006, 01:30
I'm a bit uneasy about a guy posting a sign threatening to rape complainers. Is he well within his rights or has he gone too far? Is he defending freedom of the press here?

http://cbs3.com/watercooler/local_story_292102930.html

He's standing up for everyone's right to not have to worry about pissing of people who have way too much time on their hands and no sense of priorities.

Sure it's tasteless, but not a matter that ought to test legal boundries.

As far as I'm concerned, it's no different than those signs that say:
"Unattended children will be sold as slaves."
"Trespassers will be shot. Survivors will be shot again."
Or
"The opinions expressed in this forum do not necessarily mean that you shouldn't shut the fuck up."

That last one's pretty rare, but the point stands.
King Bodacious
20-10-2006, 01:39
I'd have to say that if you threaten the safety of the public, you have gone to far. Most laws are made to protect the public.
MeansToAnEnd
20-10-2006, 01:40
He should be sent numerous death threats. Let's see how he likes it.
Zarakon
20-10-2006, 02:25
The city is infringing on his rights. The sign is stupid, but he is allowed to sell pR0n. People might not like it, but it's legal.
King Bodacious
20-10-2006, 02:43
The city is infringing on his rights. The sign is stupid, but he is allowed to sell pR0n. People might not like it, but it's legal.

Actually, it depends on the city and state. Different cities and states have different laws. Some cities prohibit certain areas of a city to sell Porn other cities it's allowed anywheres.

Same with alcohol. In Tennessee, they have dry counties that prohibit any sales of alcohol.
[NS]St Jello Biafra
20-10-2006, 02:46
"Trespassers will be shot. Survivors will be shot again."


That's actually halfway legal a lot of places.
New Naliitr
20-10-2006, 03:23
It's threatening someone. It goes out of the bounds of first amendment rights. It is illegal, but I think it is an empty threat, possibly a joke, and shouldn't be taken too seriously. Maybe a fine or something.
Daemonocracy
20-10-2006, 03:29
I'm a bit uneasy about a guy posting a sign threatening to rape complainers. Is he well within his rights or has he gone too far? Is he defending freedom of the press here?

http://cbs3.com/watercooler/local_story_292102930.html

Local officials have every right to pass public decency laws. and threatening rape as a protest might as well be a form of harassment.
Zagat
20-10-2006, 09:54
I dont know that he has actually threatened anyone, the litmus is whether a reasonable person encountering the communications at issue would reasonably form an opinion that the proposed acts were actually threatened (ie that they would actually be carried through with) or that the communication was intended to result in them forming the opinion that the the proposed act might be carried out.

However it is offensive and in a public place. So it's probable that he is running afoul of laws such as obscenity laws, public nuisence laws and similar such low-level devices that can be utilised to impose fines without (hopefully) being punitive beyond the provocation of the acts concerned.

Unless someone quite reasonably was caused to fear or was reasonably likely to be caused to fear as a result of he communication, it's not
really a threat, just 'blowing off', it's offensive, my child shouldnt have to be exposed to it simply for using the public streets and it might be off putting to passers-by (thus threatening the business interests of businesses located near-by) so it's a nuisence and offensive, but it's probably not a threat in the legal sense.