Monday, January 7, 2019
David L. Hudson, Jr., has published Anti-Profanity Laws and the First Amendment at 42 T. Marshall L. Rev. 203 (2017). Here is the abstract.
The essay first examines several current state laws that prohibit profanity under certain circumstances. It then details a few recent cases in which individuals were convicted for uttering profanity. The next section explains how profanity can be a part of an unprotected category of speech, such as fighting words, true threats, or harassment. Finally, the essay examines whether such laws and cases comport with First Amendment principles.
Download the essay from SSRN at the link.