Current mood:	confused
Entry tags:	law

What the Fuck?
Apparently, VA has some sort of law against abusive language, and the police in Norfolk, VA charged a musician with a misdemeanor for using an "embellishment of the F-word" while introducing band members, and supposedly used profanity twice within a two-minute period.

http://hamptonroads.com/2008/06/charge-profanity-stops-show-norfolks-town-point-park
http://www.wtkr.com/Global/story.asp?S=8538709

What the fuck?

First–if I'm looking at the correct statute, Virginia Code § 18.2-416 "Punishment for using abusive language to another," it is a Class 3 misdemeanor for a person to, in the presence or hearing of another, "curse or abuse such other person, or use any violent abusive language to such person concerning himself or any of his relations, or otherwise use such language, under circumstances reasonably calculated to provoke a breach of the peace...

Cursing as a breach of the peace? That seems like a stretch to me.

Second, and most importantly, though, FIRST AMENDMENT, FIRST AMENDMENT, FIRST AMENDMENT! This is a content-based restriction, which are odious to the First Amendment. How is this any different from the 1971 case of Cohen v. California, in which a person was charged with disturbing the peace by offensive conduct for wearing a jacket that said "Fuck the Draft" on the back? Same basic charge, same underlying conduct, and the Court ruled that it was protected speech.

What is wrong with Norfolk, VA? :O

Requisite disclaimer (sorry!): I am not a licensed attorney, I am not your attorney, I cannot give legal advice, I am not giving legal advise. This is merely my personal opinion while I sit bored in Bar/Bri class, with a minimal (if any) amount of research. If you get charged on this statute-seek an attorney-don't rely on my blog post!