Are we illegal in Florida?

[CeasarBoobage]

A quick check didn't show this in the other forums, so I apologize if it's already been beat to death.

In the great state of Florida USA, a guy was ticketed for having a bumper sticker saying "I eat ass" on his truck, then was arrested for not removing it. The cop stated, and correctly from how I read the law, that it was a breach of Florida's "obscenity statute".

Also from how I read it, possessing or creating "lewd" material, especially with the intent to transfer it to others (like here on Lit???), is also in violation of the Florida law. Multiple offenses (how many stories do you have? Even unfinished ones?) are subject to punishment for each instance of naughty things. Porn videos don’t seem to be excepted, and not text.

The story is here, and the text of the 2018 law is here.

I'm clearly not a lawyer, but how in the hell is this a thing? And recent too? Seriously? I'm sure there were good intentions, but from a layman's view, it looks like politicians just made a bunch of criminals out of the population. It looks to me like a decent lawyer could get me thrown in jail for practicing my hobby here, or selling the same kind of stuff online.


Edit: Or I may just have a knee-jerk reaction that made me look stupid to the internet. It happens. But if the words “I eat ass” is obscene, I’m in trouble.

 

[KeithD]

We'll see. I'm sitting here at the beach in Florida, writing pornography.

 

[SimonDoom]

A quick check didn't show this in the other forums, so I apologize if it's already been beat to death.

In the great state of Florida USA, a guy was ticketed for having a bumper sticker saying "I eat ass" on his truck, then was arrested for not removing it. The cop stated, and correctly from how I read the law, that it was a breach of Florida's "obscenity statute".

Also from how I read it, possessing or creating "lewd" material, especially with the intent to transfer it to others (like here on Lit???), is also in violation of the Florida law. Multiple offenses (how many stories do you have? Even unfinished ones?) are subject to punishment for each instance of naughty things. Porn videos don’t seem to be excepted, and not text.

The story is here, and the text of the 2018 law is here.

I'm clearly not a lawyer, but how in the hell is this a thing? And recent too? Seriously? I'm sure there were good intentions, but from a layman's view, it looks like politicians just made a bunch of criminals out of the population. It looks to me like a decent lawyer could get me thrown in jail for practicing my hobby here, or selling the same kind of stuff online.


Edit: Or I may just have a knee-jerk reaction that made me look stupid to the internet. It happens. But if the words “I eat ass” is obscene, I’m in trouble.

"Obscenity" isn't protected by the First Amendment. That's been true since the Supreme Court's Miller decision in 1973. The obvious question is, what's obscene? Nobody has a very good answer to that question. One Supreme Court justice famously said about obscenity "I know it when I see it."
That's why laws like this still exist and sometimes are enforced. You might have a good basis for a First Amendment challenge, but you'd have to hire a good First Amendment lawyer and go through the hassle and expense of challenging the legal authorities.

 

[CeasarBoobage]

We'll see. I'm sitting here at the beach in Florida, writing pornography.

Somehow I doubt anyone here is gonna tell on you. Should be easy to find you though - "him, that one guy in the sand, with the laptop/tablet/notebook".

"Obscenity" isn't protected by the First Amendment. That's been true since the Supreme Court's Miller decision in 1973. The obvious question is, what's obscene? Nobody has a very good answer to that question. One Supreme Court justice famously said about obscenity "I know it when I see it."
That's why laws like this still exist and sometimes are enforced. You might have a good basis for a First Amendment challenge, but you'd have to hire a good First Amendment lawyer and go through the hassle and expense of challenging the legal authorities.

I was picturing that "I'll know it when I see it" statement as well. For all the quite specific terms in most legalese, the worst part about so many laws is the objectivity that can be interpreted in so many way, different by each person.

 

[SimonDoom]

Somehow I doubt anyone here is gonna tell on you. Should be easy to find you though - "him, that one guy in the sand, with the laptop/tablet/notebook".




I was picturing that "I'll know it when I see it" statement as well. For all the quite specific terms in most legalese, the worst part about so many laws is the objectivity that can be interpreted in so many way, different by each person.

Right. And the crazy thing about the Supreme Court's Miller decision is that in determining what's "obscene" the court has to take into account local community standards about what is patently offensive.

 

[CuteSlaveLisa]

Organizations tend to devolve to the lowest common denominator.

You know, someone who expels a student for truancy or imprisons Oscar Wilde for being gay.

Love and Kisses

Lisa Ann

 

[KeithD]

Somehow I doubt anyone here is gonna tell on you. Should be easy to find you though - "him, that one guy in the sand, with the laptop/tablet/notebook".

On the condo balcony, rather. Not wild about sand. It gets everywhere.

 

[Zeb_Carter]

I wonder when Lit will be moving it's servers?

 

[LoquiSordidaAdMe]

Florida has its reputation because arrest records are public there, unlike most states. Humorous arrests get noticed and go viral. I'm sure other states and jurisdictions have similar obscenity laws.

But there is a difference between displaying an obscene bumper sticker that the driver behind you has to look at, and putting a lewd story on an erotica site where readers have to seek it out. Strip clubs are legal in Florida, but public nudity is not (there may be a few local exceptions).

 

[Hypoxia]

The arrestee's problem was 'I', not "EAT ASS". If the sticker said "TRUMP EATS ASS", it would be protected political speech. But "I EAT ASS" is just bragging.

 

[LoquiSordidaAdMe]

The arrestee's problem was 'I', not "EAT ASS". If the sticker said "TRUMP EATS ASS", it would be protected political speech. But "I EAT ASS" is just bragging.

Or advertising.

 

[Boxlicker101]

"Ass" is another word for donkey, so somebody might get by with saying he was just expressing a passion for donkey meat. Perhaps a person who likes cats could have a bumper sticker saying he likes to pet pussies. Or a person who owns a large rooster could say "I have a big cock."

 

[rescatooor]

"Ass" is another word for donkey, so somebody might get by with saying he was just expressing a passion for donkey meat. Perhaps a person who likes cats could have a bumper sticker saying he likes to pet pussies. Or a person who owns a large rooster could say "I have a big cock."

This is what I was thinking.

Anyway, when I read stuff like this I'm happy to live in Europe. Just the fact that I don't need to worry about something like this is a bit of a relief.

 

[CuteSlaveLisa]

"Ass" is another word for donkey, so somebody might get by with saying he was just expressing a passion for donkey meat. Perhaps a person who likes cats could have a bumper sticker saying he likes to pet pussies. Or a person who owns a large rooster could say "I have a big cock."

There IS a clip up on YouTube of Jane Fonda asking Johnny Carson about a supposed interview where Za Za Gabor was sitting with a cat on her lap and she asked Johnny if he wanted to "pet her pussy" and he supposedly said "I will if you move that damned cat." He halfway denied it, and I haven't seen the Za Za clip, but Johnny petted a few pussies in his day...

Love and Kisses

Lisa Ann

 

[Bramblethorn]

In the great state of Florida USA, a guy was ticketed for having a bumper sticker saying "I eat ass" on his truck, then was arrested for not removing it. The cop stated, and correctly from how I read the law, that it was a breach of Florida's "obscenity statute".

Case has now been dropped after the prosecutor read up on the history of First Amendment appeals.

 

[CeasarBoobage]

Case has now been dropped after the prosecutor read up on the history of First Amendment appeals.

Whew, now I don't have to be so scared about someone finding my writing obscene and getting me extradited out there to answer for my (literary) crimes.

 

[rescatooor]

Whew, now I don't have to be so scared about someone finding my writing obscene and getting me extradited out there to answer for my (literary) crimes.

Well, depending on defendant's poker face, the case was shaky to begin with.

 

[Hypoxia]

Whew, now I don't have to be so scared about someone finding my writing obscene and getting me extradited out there to answer for my (literary) crimes.

Just wait till fundy jeezoids seize total power and implement puritan sharia law. Better write holy pr0n.

 

[CuteSlaveLisa]

Case has now been dropped after the prosecutor read up on the history of First Amendment appeals.

Always a good sign when the state's attorney WAITS UNTIL AFTER INFRINGING ON A CITIZENS RIGHTS to figure out what those rights might be...

Love and Kisses

Lisa Ann

 

[Hypoxia]

Always a good sign when the state's attorney WAITS UNTIL AFTER INFRINGING ON A CITIZENS RIGHTS to figure out what those rights might be...

We're heading into Politics Board territory now. Can I say here that alleged 'rights' are illusions? You have the right to kill or be killed. When dead, you have the right to be blamed. That's how it works in USA.

Whew, now I don't have to be so scared about someone finding my writing obscene and getting me extradited out there to answer for my (literary) crimes.

Until national fundy jeezoid sharia law takes effect, you probably won't be extradited across state lines for an obscenity trial. Probably. How many LIT authors can be rounded up and imprisoned -- and where would they put us all? (Don't say, "the Astrodome.")

 

[CeasarBoobage]

We're heading into Politics Board territory now. Can I say here that alleged 'rights' are illusions? You have the right to kill or be killed. When dead, you have the right to be blamed. That's how it works in USA.

Until national fundy jeezoid sharia law takes effect, you probably won't be extradited across state lines for an obscenity trial. Probably. How many LIT authors can be rounded up and imprisoned -- and where would they put us all? (Don't say, "the Astrodome.")

(trying to mostly steer clear of the politics board material)

I recently read about the old porn movie "Deep Sleep" and how everyone involved were hounded badly by the cops and courts. Long interview here. Thanks in part to the suffering these people went through, our society isn't usually ruled by some puritanical middle-ages mindset (like fundamental islam insists on - fuck sharia), and we can legally be perverts and write dirty stories here.

As in many other areas, mostly bad things happen when the government tries to be everyone's mommy and dictate morality, speech, and thoughts. islam is both a religion and a government, and we don't need that shit. It's pathetic that Florida and other states are still passing laws that dictate what kind of sexual things that consenting adults are allowed to do. I already had a mommy once, and I don't need or want another one.

Speaking of which, Happy Mother's Day to you ladies who are one! Have a mimosa for breakfast and I hope you get spoiled and waited on.

 

[CuteSlaveLisa]

We're heading into Politics Board territory now. Can I say here that alleged 'rights' are illusions? You have the right to kill or be killed. When dead, you have the right to be blamed. That's how it works in USA...

Having traveled much of the globe as I have, I realize that as totally fucked-up as Amerikka is, it is the best of all currently available evils. As bad as the anti- is its usually social and not fatal. As much as I would like unrelated brothers and sisters to arm in arm work together singing "Kum By Ya" it isn't happening. So 75% Irish by geneology I am quoting Sir Winston "to be a conservative at 40 is to have no heart, to be a liberal at 40 is to be deviod of brains."

Love and Kisses

Lisa Ann

 

[Bramblethorn]

Thanks in part to the suffering these people went through, our society isn't usually ruled by some puritanical middle-ages mindset

True within the narrow scope of creating fiction. I could point at several areas of modern life where the USA is considerably more puritanical than the Middle Ages... but that's definitely more suited to the Politics Board than here.

 

[Hypoxia]

I could point at several areas of modern life where the USA is considerably more puritanical than the Middle Ages... but that's definitely more suited to the Politics Board than here.

In Catholic European world of Middle Ages, holy days and saints' feasts were common, like several per month -- often excuses for drunken orgies. Probably not legal in Florida now, but we can write about it. And practice it in private. We don't know what happens in a cult's cloisters till someone escapes and complains.

Our planned long RV trip (now canceled) would have gone across northern Florida. We don't have obscene bumper stickers so we'd probably be safe.

Back to laws. Elected governments are the populace's proxy. (Except when losers are installed, as with gerrymandering and the US electoral college.) Vote or don't, and get the gov't you deserve. That proxy often decides to set moral standards (because those in power deem themselves moral) so we get Jim Crow, and blue laws, and obscenity and blasphemy laws, and hate speech restrictions, and church exemptions. Live with that, or be punished. Or change it.

Idea for a Florida bumper sticker: I EAT BASS with the B x-ed out.

 

[KeithD]

Our planned long RV trip (now canceled) would have gone across northern Florida. We don't have obscene bumper stickers so we'd probably be safe.

Just got home from northern Florida. No obscene bumper stickers sighted.