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-   -   Was escorted off flight for complaining about 1 hour delay (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate/734844-escorted-off-flight-complaining-about-1-hour-delay.html)

JakiChan Sep 11, 2007 2:17 pm

Meanwhile:

http://www.northcountrygazette.org/a...earingMan.html


Originally Posted by North County Gazette
DETROIT, MICH---A federal appeals court has ruled that a police officer who arrested a man for using a profanity at a public meeting violated the man's right to free speech under the First Amendment.


ORDflyer Sep 11, 2007 2:22 pm


Originally Posted by sbrower (Post 8386497)
There are a few things that make us different from other countries. Some of the most fundamental principles are those contained in the Constitution (including the amendments thereto). For anyone to imply that First Amendment rights should be limited or dismissed or treated as trivial is, in my view, arguably anti-American. I don't know of any country in the world, with or without a First Amendment, where you can't say "Pardon me, but if it would not be too much of a bother, would you kindly let me know where the privy is located?" However, I know of only one country where the highest court in the country has taken the time to say that you can enter a courthouse wearing a shirt saying "F..k the Draft" because that is an expression of sentiment, not an obscene use of language.

You misunderstand the First Amendment. You have a fundamental right to express your opinion. However, if 99% of the world calls you a jerk because of your expression of your right, you don't have a complaint as they are also expressing their fundamental right. There is no First amendment right to say what one wants to say without being called names or otherwise being criticized for what was said.

JakiChan Sep 11, 2007 2:26 pm


Originally Posted by ORDflyer (Post 8386589)
There is no First amendment right to say what one wants to say without being called names or otherwise being criticized for what was said.

Exactly - so many people miss this part.

The First Amendment gives you a right to be an a-hole. It also gives me the right to call you an a-hole.

On a mailing list I run this comes up often. People complain when criticized for saying something stupid. They complain that they can say what they want - and they can. But folks get to say what they want in response.

So if one of the other passengers had told the OP to shut the F up then that would have been totally cool. The FA could have said it as well and while it's against policy it wouldn't have been illegal.

FWAAA Sep 11, 2007 2:29 pm


Originally Posted by Wally Bird (Post 8386519)
Roth vs. United States of America.

While not conceding that the OP's incident raises any First Amendment issues, I think that perhaps COHEN v. CALIFORNIA, 403 U.S. 15 (1971), is a more appropriate case. ;)

After all, Cohen actually decided the criminality of the same word uttered by the OP. The issue in Roth was an obscenity conviction for having mailed dirty pictures.

PTravel Sep 11, 2007 2:31 pm


Originally Posted by Mikey likes it (Post 8386516)
It's about the abuse of the exercise of the right. Particularly when the abuse (here, swearing at or around the FA) serves no constructive purpose.

There is no inherent right to swear on an aircraft. It's not the particular incident, but the idea that one can "abuse" a fundamental right that I find odd.

flyinbob Sep 11, 2007 2:33 pm


Originally Posted by ORDflyer (Post 8386589)
You misunderstand the First Amendment. You have a fundamental right to express your opinion. However, if 99% of the world calls you a jerk because of your expression of your right, you don't have a complaint as they are also expressing their fundamental right. There is no First amendment right to say what one wants to say without being called names or otherwise being criticized for what was said.

The problem is the FA didn't express an opinion. She enlisted the authority of the state to act against the person. THAT is the offense. Lacking the FAs side of the story, if the only complaint was that he swore, the FAs actions in calling police and calling it a security threat was WAY out of line.

PTravel Sep 11, 2007 2:33 pm


Originally Posted by Wally Bird (Post 8386519)
Roth vs. United States of America.Mr. Justice Brennan.

Roth is an obscenity case. Profanity is not the same thing as obscenity. Using the "F" word is not obscenity per se. See Cohen v. California.

jedison Sep 11, 2007 2:34 pm


Originally Posted by sonofzeus (Post 8383657)
Amazing but true. I saw a "No @#!" sign on the Va Beach Boardwalk on 9/2/07. Hampton Roads area is very appealing but for its extreme Redness.

Not only in the voting patterns, but also in the necks.

FWAAA Sep 11, 2007 2:34 pm


Originally Posted by PTravel (Post 8386654)
There is no inherent right to swear on an aircraft. It's not the particular incident, but the idea that one can "abuse" a fundamental right that I find odd.

You're right - in fact, there's no inherent right to even speak at all on an aircraft. Airlines are free to require that passengers be silent for the duration of the flight. :)

jedison Sep 11, 2007 2:35 pm


Originally Posted by JakiChan (Post 8386617)
Exactly - so many people miss this part.

The First Amendment gives you a right to be an a-hole. It also gives me the right to call you an a-hole.

On a mailing list I run this comes up often. People complain when criticized for saying something stupid. They complain that they can say what they want - and they can. But folks get to say what they want in response.

So if one of the other passengers had told the OP to shut the F up then that would have been totally cool. The FA could have said it as well and while it's against policy it wouldn't have been illegal.

It is important to note, however, that a state actor (such as a police officer) cannot tell you to shut up.

doober Sep 11, 2007 3:59 pm

Pet Peeve
 

Originally Posted by APW Girl (Post 8385003)
I see the point regarding the push, push..hurry up, but don't forget all the people who are still holding up security lines with liquids and all the other things they shouldn't have (as if they have been in a coma the , the last 5 years and don't know better),,or those who wait till the last minute and now think they should jump the line. The sooner you get settled in your seat, the sooner we all take off.

My pet peeve: assuming that others know the same things you know. They don't; get used to it.

AA53 Sep 11, 2007 4:07 pm

If you are posting here, you know airport delays are a fact of life. The fact that you cursed in a public setting makes you deserving of whatever you got from the police. Frankly, if I had been there, I would have asked you to be quiet.

I applaud the FA and hope you are banned from future AA flights. You can bet there is a record in your file.

nrr Sep 11, 2007 4:12 pm

I wasn't there, of course, to hear how he said his "obscentity". But some words, have become part of "normal" speech. Stand on a street corner in any major city, and listen to how many "obscene" words you hear--you would think that everyone is using them.:rolleyes:
Assuming that the op really only used f*ck in a non offensive way, the fa blew the situation out of proportion, IMHO.
[PS: There is a clothing company, I think, whose name is ....; would a company, just a few years ago, every have taken a name like that?--the times are a changin!]

mikeef Sep 11, 2007 4:28 pm


Originally Posted by FWAAA (Post 8386672)
You're right - in fact, there's no inherent right to even speak at all on an aircraft. Airlines are free to require that passengers be silent for the duration of the flight. :)

Ooh, what airline is that? I always get "the talker" next to me. "I'm sorry, sir, I'd love to hear about your colon operation, but this is the non-talking section."

Mike

MrAndy1369 Sep 11, 2007 4:32 pm


Originally Posted by AA53 (Post 8387245)
If you are posting here, you know airport delays are a fact of life. The fact that you cursed in a public setting makes you deserving of whatever you got from the police. Frankly, if I had been there, I would have asked you to be quiet.

I applaud the FA and hope you are banned from future AA flights. You can bet there is a record in your file.

Hey, back off. Be nice. You have a right to your opinion, but telling her she should be banned from further flights is out of line. :td:

Wow, I feel bad for you! I'll admit that you made a mistake by swearing, BUT we're all human. The flight attendant shouldn't have gone over the line and called the police on you just because of that. She should have agreed with you, or at the very most, given you a warning -- but bringing police into it? C'mon.

At least you didn't get arrested or anything... and wow I didn't realize swearing in VA is a misdeamor! Meaning if I'm talking with my friends and drop the F-bomb, I'm doing a misdeamor?

I laughed out aloud when I read the "starting a riot" part. You have a right to complain to the gate agent -- you paid for the flight, you're their customer, and the customer comes first.

Sorry you had to go through this ordeal. :(

Andrew


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