Subject: Re: House Passes Telecom Conference Report From: dhaugen@barnesville.polaristel.net (diane haugen) Date: Wed, 7 Feb 1996 23:25:20 -0600

Wed, 7 Feb 1996 15:14:37 -0500 (EST)  S. Finer says:

>I do not feel any chill.....do you?  If so, come in out of the cold.


I was going to comment on the irony of the telecommunications bill trying
to ban smut and the a-word on line when there has been no law making it a
prosecutable offence to utter the same words on television or, for that
matter, in the newspaper.

But then, as I read my morning hard copy paper, the Fargo Forum, I began to
feel this chill....

The Fargo, ND, Forum reported this morning that the North Dakota Supreme
Court reversed a disorderly conduct conviction against a man who made
obscene gestures and cursed at a policewoman as he walked by her patrol
car, finding that "his swearing and obnoxiousness alone were not enough to
convict him of disorderly conduct."  However, the North Dakota Supreme
Court did uphold a disorderly conduct conviction against a man who jumped
off a bike and went up to a woman "flailing his arms up and down and
screaming," concluding that while "anti-abortion opinions are protected by
the First Amendment of the U.S. Constitution, his 'physically offensive'
conduct was not."

Perhaps, as Finer says, there's nothing to worry about.  I'm not so sure.
Look at the inconsistencies in interpretations reported here.  Can we, with
any assurance, expect that court decisions regarding something even less
tangible than flailing arms and audible swearing will be consistent?
Especially when the center of attention -- who is and who is not restricted
- -- is already inconsistent?


- ---------------------------------------------------------------------------
Diane Haugen
Whiskey Creek Document Design
P.O. Box 69
Barnesville, MN   56514

dhaugen@barnesville.polaristel.net



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