Virginia laws about profanity (1 Viewer)

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Van

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Jul 8, 2004
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I've got a neighbor that has decided that he felt compelled to tell my daughter to "F off" after she had heard him talking to someone else using foul language and she said he shouldn't be talking like that ( keep in mind that she is 6 years old ). This took place while she was out front with her 9 year old friend playing with side walk chalk and neither my wife or myself were out there, by the time we got out there they had jumped in a car and sped off. Anyone know if there are any laws in Virginia concerning profanity around children and using it towards them? This neighbor is also one who keeps two pits in his back yard that regularly tear each other to a bloody mess and animal control wont take them away and he has walked down the street a few times having a verbal fight with someone on his phone using similar language so there are some concerns with overall neighborhood safety as there are about a two dozen or so kids within an 8 house radius not including disabled elderly confined to wheel chairs and walkers.
 
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dvrexpander

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You have no proof so it doesn't hold any water that anyone said anything unless you got it on video tape..but even then it wont' hold much water on a likely very old law since a person's freedom of speech would be stepped on and nobody wants to fight that against another citizen.

Here is something from a Supreme Court Justice in relation to the First Amendment protection:

"For while the particular four-letter word being litigated here is perhaps more distasteful than most others of its genre, it is nevertheless often true that one man's vulgarity is another's lyric. Indeed, we think it is largely because governmental officials cannot make principled distinctions in this area that the Constitution leaves matters of taste and style so largely to the individual," Justice John Paul Harlan wrote.
 

Van

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Guess you never heard about the canoe incident in Michigan and there was the time that another neighbor I had there was told by an officer that if he continued to use foul language in front of a female neighbor that he would find himself in cuffs. While they are old laws they are still on the books and there is a witness to this incident.
 

dvrexpander

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Guess you never heard about the canoe incident in Michigan and there was the time that another neighbor I had there was told by an officer that if he continued to use foul language in front of a female neighbor that he would find himself in cuffs. While they are old laws they are still on the books and there is a witness to this incident.


That's in Michigan and the officer has no grounds to cuff anyone for cursing, now cursing and abuse maybe even harassment but at that point the two parties can just part ways - your story tells me the cop was only showing a power trip and nothing more.

The First Amendment is something I would suggest you read up on a little cause your obviously forgetting about it in regards to your kids well being. Sure the guy that did it was prob just stupid but you have no proof...no video/audio proof therefore no matter how many you have that say he did whatever will hold up against him not to mention drag out legal fee's and just annoy others that your just looking for attention.
 

LostBoyinVA

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I know the city of Virginia Beach has a no profanity law in effect along its main drag and board walk, including signs to that effect. I don't know what other VA Laws may be out there about profanity.
 

TNGTony

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brownover

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Praises to your 6 yr old Van. If adults would take a stand as we should, that type of person would keep their language in a place where only those like them can hear. Everytime I have ever spoken to a person about their language, it shut them up. Got some hard looks, but that is it. I am 165 lbs, 5 ft 8 so it was not my size. That daughter of yours deserves an ice cream treat for standing up for what is right. Profanity may be protected by the lst, but we live in the same world and have the right not to hear it.:)
 

Van

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That's in Michigan and the officer has no grounds to cuff anyone for cursing, now cursing and abuse maybe even harassment but at that point the two parties can just part ways - your story tells me the cop was only showing a power trip and nothing more.

The First Amendment is something I would suggest you read up on a little cause your obviously forgetting about it in regards to your kids well being. Sure the guy that did it was prob just stupid but you have no proof...no video/audio proof therefore no matter how many you have that say he did whatever will hold up against him not to mention drag out legal fee's and just annoy others that your just looking for attention.

You know you made a good argument till you said I was looking for attention, if attention is what I wanted I would have went over to the guys house and took apart his front door with my 9lb maul and made it clear that I didn't like the way he was talking to my kid. And seriously don't preach to me about free speech, its people that make the statement that others should read up on it that are the ones who understand it the least and telling a 6 year old kid to f**k off was never the intention of the article of free speech.
 

Van

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Jul 8, 2004
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Virginia Beach
I know the city of Virginia Beach has a no profanity law in effect along its main drag and board walk, including signs to that effect. I don't know what other VA Laws may be out there about profanity.
Thats what I've been hearing as well, will have to talk with an officer that patrols our neighborhood next time I see him.

Thanks for the links Tony.

Praises to your 6 yr old Van. If adults would take a stand as we should, that type of person would keep their language in a place where only those like them can hear. Everytime I have ever spoken to a person about their language, it shut them up. Got some hard looks, but that is it. I am 165 lbs, 5 ft 8 so it was not my size. That daughter of yours deserves an ice cream treat for standing up for what is right. Profanity may be protected by the lst, but we live in the same world and have the right not to hear it.:)
She's getting a trip to the imax today to see how to train your dragon in 3d.
 
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dvrexpander

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You know you made a good argument till you said I was looking for attention, if attention is what I wanted I would have went over to the guys house and took apart his front door with my 9lb maul and made it clear that I didn't like the way he was talking to my kid. And seriously don't preach to me about free speech, its people that make the statement that others should read up on it that are the ones who understand it the least and telling a 6 year old kid to f**k off was never the intention of the article of free speech.


again, you have no proof. Even a cop standing there its their word against the other human. You need video/audio evidence that will prove this otherwise a lawyer will eat it alive. This law is too wide and covers a large scope of issues even it will explain they can't detain you for it. I told you to read up on it, I clearly understand how Free speech works and regardless of what was said to your 6 year old kid could be fine to someone of another age. Some words are taken out of context while others are a part of everyday use and somewhat the norm in many area's of society.

As I said, the guy was likely acting stupid and I don't defend the actions, however the chances of something coming out of it is very VERY unlikely other than you getting your rocks off from the attention it brings even if its to look the hero to a 6 year old.
 

Ramy

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again, you have no proof. Even a cop standing there its their word against the other human. You need video/audio evidence that will prove this otherwise a lawyer will eat it alive. This law is too wide and covers a large scope of issues even it will explain they can't detain you for it. I told you to read up on it, I clearly understand how Free speech works and regardless of what was said to your 6 year old kid could be fine to someone of another age. Some words are taken out of context while others are a part of everyday use and somewhat the norm in many area's of society.

As I said, the guy was likely acting stupid and I don't defend the actions, however the chances of something coming out of it is very VERY unlikely other than you getting your rocks off from the attention it brings even if its to look the hero to a 6 year old.

The cops word is gold though. It usually stands up in court.
 

Van

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LMAO... you obviously don't have a good enough lawyer then.

Just out of curiosity why are you trying to one up so much on this? Seems that your advocating anyone being able to say what ever they want to whom ever they want even if its wrong and flies against morality.
 

The Insider

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Just out of curiosity why are you trying to one up so much on this? Seems that your advocating anyone being able to say what ever they want to whom ever they want even if its wrong and flies against morality.

You can say whatever you want to anyone you want. The constitution allows it. There are no "morality" laws in the constitution. The guy has a right to be an idiot. You have a right to keep your daughter away from him so she cant hear him.

Now at the point he becomes more aggressive and "stalks" you or your daughter and harasses them, then a crime is comitted. But if hes on his yard or in public property simply talking to another person using foul language, he is allowed to. If your daughter speaks to him and he tells her to F off, well she shouldn't talk to strangers now should she.
 

Van

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Jul 8, 2004
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Virginia Beach
Price of freedom is to much freedom, again I state that the right to free speech was never intended in these kinds of matters which is why there are obscenity laws on the books in some states and within the federal government.
 

TNGTony

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Sep 7, 2003
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This is where societal pressures and conventions take over. The right of some one to swing their arm ends where some one else's nose begins. But if I am swinging my arm and some one walks into it, it is their fault, not mine.

With words, the same thing is in effect. Your right to say FU to a kid never existed in this society. The guy can say FU all he wants, but his right to say it ends at the kid's ears!
 

dvrexpander

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You can say whatever you want to anyone you want. The constitution allows it. There are no "morality" laws in the constitution. The guy has a right to be an idiot. You have a right to keep your daughter away from him so she cant hear him.

Now at the point he becomes more aggressive and "stalks" you or your daughter and harasses them, then a crime is comitted. But if hes on his yard or in public property simply talking to another person using foul language, he is allowed to. If your daughter speaks to him and he tells her to F off, well she shouldn't talk to strangers now should she.


covered pretty well... :up
 
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