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Free Speech. Welcome to America! Fuck everything! And not in the sexual sense, as any person would immediately understand unless, of course, they just want to hit people with criminal charges for maximizing the use of limited space to criticize the government. He sued. And he has won. The opening of the Florida circuit court opinion [PDF] makes it clear the city seemingly deliberately misread the law to target protected expression.
That the intention of the law is to protect children makes no difference. The City of Punta Gorda has embarked upon the task of protecting children. The record makes clear that city adopted the ordinance in hopes of advancing that goal. Punta Gorda argues that the ordinance is limited as it only applies to signs in public places which can be seen by children.
In actual fact, that is no limitation at all. As is relevant to this case, the ordinance bans signs that depict or describe sexual activities or organs. Fuck or Cunt can be about sex or not about sex, Sheets used Fuck as an interjection.
By its express terms, the ordinance does not apply to the use of Fuck as an interjection. The use of R Cunts is arguably within the express terms of the ordinance. But is similarly used as a political statement, not a reference to the sexual organ. The court cites a couple of extremely relevant bits of Supreme Court precedent, the latter of which has received plenty of coverage here at Techdirt. Although factually different in some respects, this case is squarely within the reasoning of Cohen v.
