Kansas City Chiefs fans, take note: When traveling to San Diego to root for your team against the Chargers, feel free to let your middle fingers fly. It's completely legal. Truly, this is a landmark victory for constitutionally protected buffoonery.
The California court battle began way back in November 2009, when Chiefs' fan Jason Ensign was detained by security guards after flipping off Chargers' fans in Qualcomm Stadium.
Ensign fought the charges, saying his bird-flipping was protected speech, and a city ordinance couldn't stifle him. This week, a judge agreed with him.
The San
Diego Union-Tribune reports that the San Diego City Attorney's
Office charged the rowdy Kansas City supporter with battery under an ordinance that outlaws "noisy, rowdy or boisterous manner as to disturb
spectators or
participants" at stadium events.
Superior Court Judge Gale Kaneshiro tossed the case against
Ensign, saying the ordinance was too vague and didn't outline specific banned behaviors. The judge also said he was, you know, like,
totally protected by the First Amendment.
Ensign's lawyer, Mary Provost, issued a pretty stern warning to
prosecutors, telling the paper, "They can't limit speech in a public
forum." She added, "They can limit behavior, like throwing projectiles
at players. This
decision puts them on notice they should be very careful about who they
charge."
A spokeswoman for the City Attorney's Office basically blew off the
ruling, saying, "We expect that the law will be enforced and that unruly
fans at sporting
events who disturb the peace of others will be removed and prosecuted."
If that's the case, soon daytime-TV advertising slots in San Diego will
be flooded with spots for lawyers specializing in "car crashes, medical malpractice
and wrongful stadium ejection for exercising your constitutional
rights!"
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"Truly, this is a landmark victory for constitutionally protected buffoonery."
I think he was just being facetious.
By calling it a "landmark victory" the writer suggests it is novel or new. It isn't. That is what I suggested was ignorant in his writing.
The blogger didn't call this novel; you did. It is a timely news-worthy decision. You obviously have a high opinion of your legal knowledge, but I notice you couldn't make it through law school. Yet you insult others for reporting a news-worthy case. Get over yourself and go feel smug elsewhere.
Not as ignorant as the security at the Chargers game, or the City Attorneys Office of San Diego, apparently.
Fuck you Agparalegal! Free speech for the win!
Boy. I'm really scared that you are unaware of the First Amendment, and that you think the judge's rulng was novel. The case from the US Supreme Court stating that giving the finger in a public place is "speech" is 40 years old. I'm so sad that this blogger is so ignorant of the law that you would post something so ignorant here.
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