Legal Question in Constitutional Law in Texas

presidential criticism

is it illegal to wear a shirt in public that says ''fuck (the president),'' and if so, would it be okay to wear that shirt into a college?


Asked on 1/29/03, 2:51 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: presidential criticism

During the Vietnam era the U.S. Supreme Court ruled that a T-shirt with a very similar message (it was about the draft and not the president, but was otherwise the same) amounted to speech protected by the First Amendment. While even First Amendment protections have their limits, you should not get into any kind of legal trouble for wearing such a shirt in public. Your choice of words might offend a great many people -- especially children and their parents -- but that is not a legal issue.

Whether you can wear such a shirt "into a college" depends on the college. The First Amendment forbids the government from sanctioning you for speaking your mind, but if you go to a private college then the college is free to enforce its own rules on such matters. If you go to a public college, then chances are the college would have to permit your choice of attire.

As I said, the First Amendment has its limits and there may be situations where wearing such a shirt would justify some sort of restriction. Off hand, though, I can't think of any reason which would be upheld by a court.

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Answered on 1/29/03, 3:03 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: presidential criticism

Your expression is probably protected by the first amendment.

Keep in mind that this president may consider that an offer, so choose your words carefully.

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Answered on 1/29/03, 3:18 pm
Robert Restivo Restivo Law Firm

Re: presidential criticism

Howdy:

One other thing to consider is the disturbing number of reports about people being arrested by the FBI for "heckling the president".

As stated earlier, it is protected political speech. However, we currently have a dictator ... uh, I mean president ... that does not like dissent or disagreement.

So, be careful and speak out!

rkr

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Answered on 1/29/03, 6:08 pm


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