A new tourist attraction

This article was published on Boston.com today.  It hit several other news outlets as well and was forwarded to us by a couple of friends.  As you can imagine, the general feeling was, “Don’t ever let Geoff go there now that this is law.”

Swear in public? Pay $20 fine in Mass. town

June 12, 2012

MIDDLEBOROUGH, Mass.—Residents in Middleborough have voted to make the foul-mouthed among them pay fines for swearing in public.

At a town meeting Monday night, residents voted 183-50 to approve a proposal from the police chief to impose a $20 fine on public profanity.

Officials insist the proposal was not intended to censor casual or private conversations, but instead to crack down on loud, profanity-laden language used by teens and other young people in the downtown area and public parks.

I’m really happy about it,” Mimi Duphily, a store owner and former town selectwoman, said after the vote. “I’m sure there’s going to be some fallout, but I think what we did was necessary.”

The measure could raise questions about First Amendment rights, but state law does allow towns to enforce local laws that give police the power to arrest anyone who “addresses another person with profane or obscene language” in a public place.

Matthew Segal, legal director for the American Civil Liberties Union of Massachusetts, said the U.S. Supreme Court has ruled that the government cannot prohibit public speech just because it contains profanity.

The ordinance gives police discretion over whether to ticket someone if they believe the cursing ban has been violated.

Duphily, who runs an auto parts store, is among the downtown merchants who wanted take a stand against the kind of swearing that can make customers uncomfortable.

“They’ll sit on the bench and yell back and forth to each other with the foulest language. It’s just so inappropriate,” she said.

Middleborough, a town of about 20,000 residents perhaps best known for its rich cranberry bogs, has had a bylaw against public profanity since 1968. But because that bylaw essentially makes cursing a crime, it has rarely if ever been enforced, officials said, because it simply would not merit the time and expense to pursue a case through the courts.

The ordinance would decriminalize public profanity, allowing police to write tickets as they would for a traffic violation. It would also decriminalize certain types of disorderly conduct, public drinking and marijuana use, and dumping snow on a roadway.

Segal praised Middleborough for reconsidering its bylaw against public profanity, but said fining people for it isn’t much better.

“Police officers who never enforced the bylaw might be tempted to issue these fines, and people might end up getting fined for constitutionally protected speech,” he said.

Another local merchant, Robert Saquet, described himself as “ambivalent” about the no-swearing proposal, likening it to try to enforce a ban on the seven dirty words of George Carlin, a nod to a famous sketch by the late comedian.

“In view of words commonly used in movies and cable TV, it’s kind of hard to define exactly what is obscene,” said Paquet, who owns a downtown furniture store.

But Duphily said, “I don’t care what you do in private. It’s in public what bothers me.”

© Copyright 2012 Associated Press. All rights reserved.
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Naturally, I had two reactions. 
 
1- This is a clear First Amendment violation.  Shouting FUCK into the town square is not the same as shouting FIRE in a crowded theatre.  It is protected speech even if four letter words make you break out in hives.  (Sorry, Mom.)
 
2- Any of you who know Geoff, or most of our friends and family for that matter, know that most of us have, um, an affinity for certain language.  Geoff has referred to the military as, “a graduate level course in profanity.”  I think that sums it up nicely.
 
I propose that we make Middleborough a tourist destination for this new law.  Here’s the catch.  Don’t go there to spend any money – perish the thought.  Just drive through there if you’re in the area, roll down the windows when you’re in the center of town and scream your most creative profanities.  Then roll up your windows and keep going on your way.  If we don’t use our rights we’re going to lose them.  Might as well poke that First Amendment and make sure it’s still alive and kicking.
 
Oh, and those folks in Middleborough who are so keen on cracking down on those loathsome teens and vulgar youths who apparently sit around all day screaming obscenities at each other?  Here’s an idea, try teaching them.  Or working with a neighboring town to build a rec center, sports leagues, or an after school program.  Did it ever occur to anyone and the kids are hanging around because the parents aren’t involved or are at work and there’s nothing to DO in podunk Massachusetts?  Pass all the restrictive, inane, unenforceable laws you want.  It isn’t going to solve the actual problem.
 
Still, I foresee a trip in our future…
 
~Kelly
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