(September 29, 2014 at 12:06 pm)Heywood Wrote:Hate to break it to you...just because a law's been around for a while doesn't mean it's consitutional or moral.(September 29, 2014 at 11:48 am)FatAndFaithless Wrote: The community could be offended all they want. Unless 'this white kid' damaged the statue or was inciting violence, they would not be legally allowed to prosecute him. Being offended =/= justification for prosecution. I think the kid face-humping the Jesus statue is pretty dumb and a bit childish, but guess what, laws aren't made on what offends people. Next you'll be calling for the prosecution of the Piss Christ artist..
There is a law on the books since 1973 and it hasn't been struck down. So at the moment they are legally allowed to prosecute the kid.
Does the Piss Christ artist commandeer the other peoples property? If he does then I would probably argue he could be subject to prosecution.
If the kid owned the statue....then yes I think a very good argument can be made that the kid has a first amendment right. But the kid didn't own the statue and Freedom of speech doesn't give one the right to commandeer other peoples property to use a prop in ones speech.
In every country and every age, the priest had been hostile to Liberty.
- Thomas Jefferson
- Thomas Jefferson