Court Rules AGAINST Penis That Tells Jokes On TV

[matcom]

<snip>

A penis that tells jokes on late night public access television may be expressive of something. But it is not the kind of free expression protected by the First Amendment, the Michigan Court of Appeals has decided, confirming the indecent exposure conviction of the show's producer and host.

Timothy Huffman, 47, who lives north of Grand Rapids, was convicted in Kent County after the penis episode aired twice in spring 2000 on the Grand Rapids public access cable channel GRTV.

In affirming the conviction in an opinion released Wednesday, the appeals court said any "incidental restriction" on the First Amendment is "no greater than is essential to the furtherance of the governmental interest in promoting public morality by prohibiting public nudity."

Huffman, whose defense was assisted by the American Civil Liberties Union, claimed the three-minute segment, "Dick Smart," was an expression of free speech and not obscene.

Reached at his home Wednesday, Huffman said he is the victim of "a relentless prosecutor."

"I'm truly trying to stand up for the constitution. It's a matter of principle," he said.

Huffman, an unemployed musician-cook who is the father of five children, said he'd been targeted for prosecution because he has a criminal record and lacked the resources to defend himself.

"We asked them in court, 'Why don't you prosecute 'Schindler's List'? It has nudity,' " Huffman said. "And they said to me, 'You're no Steven Spielberg.'

"I'm the low-life scapegoat that they can say, 'Look. This is what happens when you put this stuff on Grand Rapids TV.' "

Kent County Assistant Prosecutor Tim McMorrow said Huffman is not being singled out, nor was he charged for expressing himself.

"This is really not a First Amendment case," he said. "The First Amendment protects his right to an opinion, not the right to appear naked on TV."

Huffman was sentenced and served one day in jail, one year of probation and was ordered to pay $1,035 in fines and court costs.

http://www.freep.com/news/mich/naughty12e_20050512.htm

[sniffa]

1. i hope 'dick smart' was caLLed to the stand

[demnan]

2. And this is considered worse than American Idol? How?

[underpants]

3. 'You're no Steven Spielberg'

See now it would be the perfect time to call Spielberg a dick....but I won't

[Zuni]

4. that dong has rights!

[arwalden]

5. Violence, Slashing, Decapitation, Murder=A-OKAY! ....Tits, Cock = Awful!

Silly Americans.