A man from Howell, MI (?) wrote “Bullsht Fcking ticket. Suck on it” on the memo line of a check he mailed to the court to pay a traffic fine. He was charged with contempt of court. His attorney, said his client can’t be held in contempt of court because it violates his First Amendment right.
This sounds bogus to me, but I cannot exactly say why. I do know that you cannot curse a judge in the courtroom, despite the first amendment.
Is this protected speech? If not, why not?
Well he wasn’t in court :D.
Unless the man was in court at the time and personally handed the check to a judge, the most that can be shown is that he had contempt for the system itself, not any particular court.
Contempt of court is generally action that obstructs the orderly administration of justice. Disrespect for the bench, manifested in open court, certainly qualifies; disrespect manifested by writing on the memo line of a check is pushing the contempt envelope a bit.
I say 100% protected speech.
I second ** sailor. **
I say we all write letters to the District Attorney who decided to file this and say “bullsht fcking charge.” 
I’m no moderator, but it seems like we all agree! Is there a debate here? 
Since in many small cases we can “appear” for court in writing would that not be considered the same?
The Daily Press and Argus link itself keeps timing out, so here’s the AP version of the story.
http://newsobserver.com/24hour/nation/story/676640p-5044654c.html
I’m officially scared. I routinely write “F*** YOU” on the “Memo” line of any checks I write for parking tickets. Really, no kidding. If this can really be some form of offense, I’m stopping ASAP.
It sounds like a judicial power trip to me. I hope it gets struck down, and if necessary, I’d love to see it go to a high court. (You know what I mean)
Sounds like some judge got his panties in a wad and is overstepping his bounds.
Too bad, because I’d like to know. Did some officious paper-pusher decide that the judge should know about this and show him? I somehow doubt the judge is opening and processing all of the mail for that district.
That sounds like it might be the central issue to me… who normally sees the checks that pay for the tickets. Secretaries, clerks, or accountants, I would guess. I certainly would not expect a judge to be examining payments of fines in open court.
I’m no lawyer, though, so I don’t know. Does it make a difference, who the check is meant for? Do all documents (including fine payments) submitted to the legal office have to follow the rules of the courtroom? I was under the impression that contempt rules only apply when one is in the courtroom and addressing the judge.
Isn’t the memo line of a check supposed to be a note from me to myself regarding the purpose of the check?
I don’t think so.
Contempt is willful disobedience or open disrespect of the orders, authority, or dignity of a court or judge acting in a judicial capacity by disruptive language or conduct or by failure to obey the court’s orders. It’s unclear how language written on a ticket may be a cause of disruption.
Unlike a proceeding for civil contempt, which is typically remedial
and for the benefit of a party injured by a failure to comply with the judicial order, the focus of a proceeding for a criminal contempt is to enforce the dignity of the court itself. But this traditional power arises from the need for a court to properly administer the law and to enable courts to enforce their orders, judgments and decrees.
I’m applying Virginia law in the above, admittedly, but in general the same principle should apply anywhere. I would think that the court would have to show how the conduct interfered with the orderly administration of justice.
cmk: I’m officially scared. I routinely write "F** YOU" on the “Memo” line of any checks I write for parking tickets. Really, no kidding.*
:eek: Chaim, you do?!? I can’t believe that! You honestly write obscenities on items that some poor secretaries and bank clerks—who had absolutely nothing to do with awarding you the ticket—are going to have to read in the course of their jobs? Mercy on us, why don’t you just write “FUCK YOU” on your windshield, so the ticketing cop will see it?
Writing obscenities on checks for fines may be protected speech—I certainly think it ought to be—but that doesn’t mean it isn’t really mean and low class.
(You were kidding, right Chaim? Man, I just can’t believe that.)
Sorry, Kimstu, it’s true. I suppose you’re right that the folks who will see it aren’t the ones who actually wrote the darned thing, but I hate the whole Parking Violations Bureau, and wouldn’t be upset to see it disappear overnight, including the low-level peons who merely slice open the checks and deposit them.
Do you know that in New York City, Parking Violations is part of the “Division of Finance”? Income from parking violations is a fixed item in the city budget. Screw that, I thought we citizens had a presumption of innocence. I’m all for enforcing parking rules that make sense, and I won’t complain when I realize that I owe for having violated a rule I should have known was there (even if it is a rule I disagree with), but the idea of vulturous officers looking for violators not to “serve and protect” but to finance…that rubs me wrong. And I find every cog in that rotten machine contemptible.
Chaim Mattis Keller
cmk: *Do you know that in New York City, Parking Violations is part of the “Division of Finance”? *
Yup, and in many other cities as well. I sympathize with your anger at the system, but nevertheless—oh well, I said it once already, so never mind.
I also am officially shocked that Chaim writes obscenities on his checks. Chaim, I never woulda thunk it. This is like seeing Polycarp flip someone off in traffic.