giza | Sometimes the First Ammendment isn't a defense...

This individual walked by a Fox News broadcast (found here) and yelled into a live camera, "Fox News is Bullshit!". Here's the story according to him:

Watch on YouTube

Now while I might happen to agree with his statement, I'm not sure if the First Amendment will protect him here. I'm thinking of a few legal issues this guy might run into here. Namely:

- Disorderly conduct - I guess this one is a big maybe. Did he disrupt the newscast, and did the news station had a reasonable expectation that the newscast would not be disrupted? That's probably going to wind up being hashed out in court.

OR:

- Harassment - Some states (such as here in PA, I think) define harassment as speech which is intended to, "offend, annoy, or harass". Ignoring the circular definition there (heh), did he intend to either offend, annoy, or harass the reporter? Since he kept walking, I think that rules out harassment. As for offending or annoying, that's harder to say. This is another issue that might be hashed out in court.

OR:

- Obscenity laws - Whether we agree with it or not, there are some words that cannot be said on television which is broadcast over the air. I know that the Seven Dirty Words (as postulated by the Great Philosopher Carlin) are covered, but I'm not sure if "bullshit" is considered obscene, too. This one would probably be up to the FCC, if they decide to do anything.

I'd be interested in seeing what happens either way.

Oh, and if there are any legal types out there, feel free to share your opinions on the situation. I am genuinely curious.

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The 1st amendment has become the overall punching bag for anyone with a gripe in this country. Yes its powerful but it doesn't allow you to get away with anything. People invoke it so often when they don't even understand how it applies to them, this country, and whatever situation they are currently in.

That being said...Faux New IS bullshit. So while the message is spot on the implementation is kinda iffy. *THUNK....passes out in his bed*

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You misspelled "moran". Here's a visual guide:

I'm going to have to go with Harassment. If he had chosen to stay in the background behind that fence and screamed it once instead of getting right next to the reporter and screaming it multiple times, then he might've gotten away with it.

Part of the restraint of trade laws says you cannot disrupt any person performing their lawful employment.

Now, if the guy was asked to be part of the broadcast, or was even part of subject of the broadcast and said that, he would have been golden.

Imagine that you're at your desk, coding away madly, and someone you don't know walks up and turns off your monitor and yells at you COMPUTERS ARE EVIL COMPUTERS ARE EVIL... what would you do or feel?

Yet another example of some dim bulb who believes that the First Amendment gives him the right to do and say what he wants, where he wants, to whom he wants.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

This has been examined many, many times in the courts. Here is a summary of some of the more important findings that this guy should have read.

In other words, if I were to go to this guy and say, "I am going to break into your house some night when you are asleep and slit your throat, then set your house on fire," how would he feel if I then smiled and said, "First Amendment, Faggot."

Be careful, he might actually take that as a compliment :)

I am not sure about Harassment. He certainly did swear on broadcast TV, but normally what the FCC does in those situations is fine FOX for each station that transmitted it. Also, this video doesn't seem like it was aired nationally--only in the bay area--So is the FCC even able to do anything if the transmission didn't cross state borders? I know that there are regulators for within each state but they usually just copy whatever the FCC does...

Here's one: What about sabotage? I could be wrong but denouncing FOX News directly to FOX News viewers via FOX News is, essentially, hindering their business. This could be iffy too, since he didn't destroy information or equipment, etc...

Slander also comes to mind but I'd rule that out since "FOX News is bullshit" is such a vague statement.

He did yell pretty much right in that girl's ear. But I'm pretty sure Battery involves physical contact. This man went to jail for Battery, according to the original YouTube video, and he clearly shouldn't have.

Extra strike against this guy for shouting this during some Halloween event. If FOX was talking about politics of some sort and he managed to appear then, maaaybe I'd shout a huzzah for him.

Nope, it doesn't need to cross state lines. I've seen the FCC send out nastygrams to ham radio operators for violations from a few miles away from the complaintant.

> Slander also comes to mind but I'd rule that out since "FOX News is
> bullshit" is such a vague statement.

Vague has nothing to do with it. Opinions are protected speech.

Its not his opinion in question here, its his forum for airing his opinion.

Right, but the point I was trying to make was that filing suit against him for slander/oral defamation wouldn't work because he was merely expressing his opinion.

Lots of other things he can be charged with, though. :-)

True.. cause to get him for Slander, they would have to prove what he said about Fox was first, false and two, his saying so has caused them damage in some way.

They'll never prove either.

Regardless of what the legal status of what he did may be, I think we can trust that the house that Rupert built will not only "harass" him in every way they can not only via the legal system, but by demonizing him on their ~~News~~ Noise Channel and somehow connecting him to Daily Kos & friends and the Vast Left-Wing Conspiracy(tm)*. With their usual disregard for reality, too.

* (c) News Corp.

From video: "In this country, I thought you could say whatever you wanted to say under the First Amendment."

No. But I am guessing that he will learn what the First Amendment really says either from his Attorney or in front of the Judge when he's brought up on misdemeanor charges of disorderly conduct in a public place.

The FCC has no say over Fox News since it's cable/sat. You can say fuck all you want on cable, and the FCC will say "Sorry, can't help you".

I put my paws on disorderly conduct

Sometimes the First Ammendment isn't a defense...

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