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F bombs in public are outdoors - free speech?

8,337 Views | 71 Replies | Last: 6 yr ago by Burnsey
BrazosDog02
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https://coveringkaty.com/2017/11/15/sheriff-says-f-trump-message-pickup-truck-lead-charges-fort-bend-county/

And go.
WC87
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Ahh yes, the party of inclusion and tolerance.
Watchful Ag
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Play stupid games, win stupid prizes.
chet98
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Free speech but vulgar. I wouldn't want to pull up behind this jerk off with my kids in the car. Glad to see the sheriff is going to hunt this twerp down.
aggiedent
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1. Stupid to threaten charges.
2. Even more stupid to have that on your truck in Texas.

3. Stupid rules.
AgEng06
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Would that qualify as:
Quote:

uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;
If so, then a disorderly conduct charge seems applicable.

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.42.htm
SECond2noneAgs
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Some Supreme Court precedent:


Cohen v. California, 403 U.S. 15 (1971), was a United States Supreme Court case dealing with freedom of speech. The Court overturned a man's conviction for the crime of disturbing the peace for wearing a jacket in the public corridors of a courthouse that displayed the phrase, "Fuc.k the Draft".

Having said that, the Sheriff is certainly free to discuss this man's means of expressing himself without violating the First Amendment.
BrazosDog02
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chet98 said:

Free speech but vulgar. I wouldn't want to pull up behind this jerk off with my kids in the car. Glad to see the sheriff is going to hunt this twerp down.


Lol. Not sure how I feel. But I appreciate your concern. The other day I was filling out a medical document and got to the "sex" part and I could hear my daughter muttering before I could really process
What was going on.... "male....female..transgender...other....DAD...WHAT'S TRANSGENDER?"
HTownAg98
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AgEng06 said:

Would that qualify as:
Quote:

uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace;
If so, then a disorderly conduct charge seems applicable.

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.42.htm

Based even your interpretation, that won't hold up in court. The threat has to incite violence, and be immediate. It's likely that this does neither.

As an aside, it seems the sheriff has more knowledge about the law than the DA.
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malenurse
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I've seen him a couple of times.

Not nearly as bad as when "Mac" McKinney was driving his school bus around in the '80s.

Some of you old people from Rose-Rich will understand that reference.
The last thing I want to do is hurt you. But, it's still on the list.
P.H. Dexippus
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Road rage from a Trump supporter or parent? I can see it.
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HTownAg98
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I didn't say he was right, just that he has more sense than the DA.
AgEng06
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I didn't say it did, just linking the law based on the sheriff's statement.
redass1876
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Saw a similar sticker in Grand Prairie.
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ranchag04
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It is vulgar and should not be allowed but it takes a special kind of stupid to drive around with that on in Texas.
Bregxit
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Having known Troy for 20+ years I guarantee he is just trying to come to an amenable solution for both the complainants and the truck owner. I wouldn't be surprised if he just asked the guy to change F*** to SCREW and also wouldn't be surprised if he offered to help pay for it. Just the kind of guy he is.
Potcake
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Does the Sheriff get as bent from seeing truck nutz?
Bregxit
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SECond2noneAgs said:

Some Supreme Court precedent:


Cohen v. California, 403 U.S. 15 (1971), was a United States Supreme Court case dealing with freedom of speech. The Court overturned a man's conviction for the crime of disturbing the peace for wearing a jacket in the public corridors of a courthouse that displayed the phrase, "Fuc.k the Draft".

Having said that, the Sheriff is certainly free to discuss this man's means of expressing himself without violating the First Amendment.


I am not a lawyer or judge but one would think there is a difference between F <an object> and F YOU. I imagine if I wandered around yelling F YOU at people it would cause a breach of the peace.
Bregxit
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Potcake said:

Does the Sheriff get as bent from seeing truck nutz?


Read much? He isn't bent. The citizens of his county are bent. Maybe he should just say F YOU to them when they call in.
Potcake
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dlance said:

Potcake said:

Does the Sheriff get as bent from seeing truck nutz?


Read much? He isn't bent. The citizens of his county are bent. Maybe he should just say F YOU to them when they call in.

Yea, pretty well. I read there were numerous (exactly how many is that?) calls regarding the stickers. No mention of whether they were complaining or inquiring about the legality.
Yes, it isn't appropriate but there are alot of images that some people don't deem appropriate (the famous pic of Cash flipping bird, Calvin pissing on whatever, chrome nekkid lady mudflaps, aforementioned truck nutz, etc.
Maybe the FB post convinces the person to ditch the stickers but trying to prosecute is silly.
HTownAg98
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The standard that would be applied is pretty high, and "breach of the peace" isn't a legal term of art.
BrazosDog02
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malenurse said:

I've seen him a couple of times.

Not nearly as bad as when "Mac" McKinney was driving his school bus around in the '80s.

Some of you old people from Rose-Rich will understand that reference.


The Jesus bus?
CanyonAg77
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When I was younger and Paul Harvey was on the air, one of his tag lines was something like

'Self government will not work without self discipline.'

Perfect example. The guy driving this pickup is within his 1st Amendment rights. He is also a colossal anal orifice, and doing his side more harm than good. Along the way, he is insulting and offending lots of good people who might agree with a little or a lot of his political philosophy, if he hadn't already made them stop listening.

The only ones applauding his actions are the other jerkoffs at the fringe.
helloag99
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CanyonAg77 said:

When I was younger and Paul Harvey was on the air, one of his tag lines was something like

'Self government will not work without self discipline.'

Perfect example. The guy driving this pickup is within his 1st Amendment rights. He is also a colossal anal orifice, and doing his side more harm than good. Along the way, he is insulting and offending lots of good people who might agree with a little or a lot of his political philosophy, if he hadn't already made them stop listening.

The only ones applauding his actions are the other jerkoffs at the fringe.
I'd cut him off very closely and hope he got upset
Duck Blind
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The "I love my pit bull" sticker on the top left really compliments that masterpiece quite nicely.
maverick2076
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I agree completely. Troy Nehls has been a great county sheriff, and is a genuinely good guy.
BrazosDog02
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"Oh...Hi. Just takin' care of a local complaint."
aggielostinETX
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It's about avoiding a road rage shooting call bc this moron added "**** you too"
BrazosDog02
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I'm sure the sheriff s a fine fellow but j bet he's going to soon regret even touching this can of worms with a 10 foot pole.

His Facebook post yesterday had 8k responses. Nit a great thing.

And now we have made it to a larger audience. This gon' get good.
Kenneth_2003
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I've seen that truck... Can't remember what highway I was on. I think it was 59 just inside the Beltway. I tried to get a pic, but didn't want it to be obvious. Guy looked like a short fuse.
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