About Laws Against Profanity

History

In the United States, the legalities of profanity trace their roots to the First Amendment to the Constitution, which guarantees free speech. However, this liberty is not intended to incite citizens to roam the streets shouting obscenities. Its intention was to allow uncensored speaking at "peaceful" gatherings and in the media.
In early America, laws banning profanity were based on religion. Back then, serious infractions involved breaking the biblical commandment to honor God's name and laws against profanity often banned using God's name "in vain."
In 1775, General George Washington banned cursing among his troups and required church attendance. Demands like this prompted Judge Zephaniah Swift, in 1796, to declare the government unable to punish a person on religious violation alone, that person must be disturbing the peace as well.
Since then, the U.S. Supreme Court has stated that the context in which the allegedly profane language is spoken generally decides whether the language is protected by the First Amendment.

Features

Most criminal laws continue to take the stance that profanity alone isn't illegal, but profanity leading to (or appearing to lead to) disorderly conduct is illegal.

Types

Every state has laws against obscene language. In nine U.S. states, it is illegal to use profanity in public or on the telephone, as it is intimidating and threatening.

Though profanity convictions are rare, profanity can have unpleasant consequences. People charged with disorderly conduct often find their language introduced as evidence against them.

Effects

Acceptance of profanity evolves over time. What was once a bad word may now be common language. However, cursing is still not considered socially acceptable. ABC's John Stossel reports 48% of Americans are still offended by profanity (http://abcnews.go.com/2020/US/story?id=1578043&page=2).

Psychiatrists say profanity is a prelude to aggressive behavior. Schools still ban certain words. Children who curse, even when the habit is not stifled by their parents, come to realize the language is socially unacceptable and will bring them trouble.

Considerations

Some of the most notorious anti-profanity laws are established by the Federal Communications Commission and relate to radio and television broadcasts. The FCC deems language obscene if it incites "lustful thoughts" in the average person, describes illegal sexual acts, or as a whole lacks "...literary, artistic, political, or scientific value."

Resources

• ACLU vs. McCreary County Kentucky
• FCC Profanity Laws
• Arrested/Ticketed for Cursing

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