Are Bumper Stickers A First Amendment Right?

If you get out and drive around town at all you havepeople that it is okay, at least in Georgia.Despite the
surely seen all kinds of different bumper stickersvictories by these mentioned above and many others
ranging from just a timid "Virginia is for Lovers" to "Ithere are a lot of states that have laws similar to the
hate Bush" and many variations between. We seeone below:According to the law in Tennessee, "the
parents displaying stickers stating they are proud ofdisplay of obscene and patently offensive movies,
their child like the "my child is an honor student" ones,bumper stickers, window signs, or other markings on
and conversely the negative parody, "my kid beat upor in a motor vehicle which is visible to other drivers
your honor student". What you may not know is thatis prohibited and display of such materials shall subject
many states have statutes prohibiting certain kinds ofthe owner of the vehicle on which they are
statements or illustrations. Is this a violation of ourdisplayed, upon conviction, to a fine of not less than
rights under the First Amendment? Let's take a look$2.00, nor more than $50.00." The state defines
at what is being said.The U.S. Supreme Court hasobscene like this:"(A) The average person applying
stated that "the government may not prohibit thecontemporary community standards would find that
expression of an idea simply because society findsthe work, taken as a whole, appeals to the prurient
the idea itself offensive or disagreeable and the factinterest;(B) The average person applying
that protected speech may be offensive to somecontemporary community standards would find that
does not justify its suppression."Regardless, therethe work depicts or describes, in a patently offensive
have still been many situations where individuals haveway, sexual conduct; and(C) The work, taken as a
been cited for the language or illustrations displayedwhole, lacks serious literary, artistic, political, or
on their vehicles. One woman in Florida who had thescientific value
famous four letter word for intercourse stated three(11) "Patently offensive" means that which goes
times on a sticker was cited but the charges weresubstantially beyond customary limits of candor in
dropped because the word was not being used in adescribing or representing such matters.I have to
sexual context.A man in Georgia displaying theagree with what the Georgia court concluded their
infamous "_ _it happens" statement was fined $100ruling in the case mentioned above, a statement
by a local jurisdiction, he took the case to thefrom Benjamin Franklin, "Everything one has a right to
Georgia Supreme Court citing that the law wasdo is not best to be done." So, in plain English, just
unconstitutional and they sided with him saying, "thebecause we have a right to do it doesn't mean we
peace of society is not endangered by the profaneshould. Use some common sense in what you display
or lewd word which is not directed at a particularon your car.Gregg Hall is an author living in Navarre
audience." This seems to state that as long as youFlorida.
aren't directing your remark to a specific group of