Off Topic - Motion To Dismiss: The Constitutionality of the "F" word

Well since the "F" word is used so much in these forums, here is an
amusing story related to it:

http://www.thesmokinggun.com/archive/fword1.html


The Smoking Gun Website (owned by Court TV)

JULY 28--Yes, five months remain in the year, but we're ready to
announce the winner of the prestigious 2003 Legal Document of the Year
award. The below motion was filed earlier this month in connection
with a criminal charge filed against a Colorado teenager. The boy's
troubles started when he was confronted at school by a vice principal
who suspected that he had been smoking in the boys bathroom. When
presented to the principal, the kid exploded, cursing the
administrator with some variants of the "F" word. For his outburst,
the boy was hit with a disorderly conduct rap, which was eventually
amended to interfering with the staff, faculty, or students of an
educational institutional. Faced with what he thought was a speech
crime, Eric Vanatta, the teen's public defender, drafted the below
motion to dismiss the misdemeanor charge. The District Court document
is an amusing and profane look at the world's favorite four-letter
word, from its origins in 1500 to today's frequent use of the term by
Eminem, Chris Rock, and Lenny Kravitz. The criminal charge, Vanatta
argued in the motion, was not warranted since the use of the popular
curse is protected by the First Amendment. TSG's favorite part of the
motion is the chart comparing Google results for the "F" word and
other all-American terms like mom, baseball, and apple pie. Sadly,
Vanatta never got the chance to argue his motion before a judge.
Because ten days ago he cut a plea deal that deferred prosecution of
his client for four months--if the kid stays out of trouble during
that period, the charge gets dismissed. (7 pages)


A copy of the 7 page legal brief is posted at the URL listed below.


http://www.thesmokinggun.com/archive/fword1.html

On Mon, 28 Jul 2003 19:00:59 -0700, Rusty Barton
wrote:

Sadly,Vanatta never got the chance to argue his motion before a judge.
Because ten days ago he cut a plea deal that deferred prosecution of
his client for four months--if the kid stays out of trouble during
that period, the charge gets dismissed.

....****ing coward.


OM

--

"No ******* ever won a war by dying for | http://www.io.com/~o_m
his country. He won it by making the other | Sergeant-At-Arms
poor dumb ******* die for his country." | Human O-Ring Society

- General George S. Patton, Jr

"Rusty Barton
Well since the "F" word is used so much in these forums, here is an
amusing story related to it:

http://www.thesmokinggun.com/archive/fword1.html

Uh this court document won The Smoking Gun legal brief of the year
award.....nice piece of writing.