Judge Rejects "Obscene" Name Change - wtf?

[Sage_Rat]

I’ll just note that Answers.com has this to say about the first amendment:

Fighting Words

Fighting words are words that “by their very utterance inflict injury or tend to incite an immediate breach of the peace” or have a “direct tendency to cause acts of violence by the person to whom, individually, the remark is addressed” (Chaplinsky v. New Hampshire, 315 U.S. 568, 62 S. Ct. 766, 86 L. Ed. 1031 [1942]). Whereas subversive advocacy exhorts large numbers of people to engage in lawless conduct, fighting words are directed at provoking a specific individual. Generally, only the most inflammatory and derisive epithets will be characterized as fighting words.

Fighting words should also be distinguished from speech that is merely offensive. Crude or insensitive language may be heard in a variety of contexts — at work, on television, even at home. The Supreme Court has ruled that speech that merely offends, or hurts the feelings of, another person — without eliciting a more dramatic response — is protected by the First Amendment. The Supreme Court has also underscored the responsibility of receivers to ignore offensive speech. Receivers can move away or divert their eyes from an offensive speaker, program, image, or message. In one case, the Court ruled that a young man had the right to wear, in a state courthouse, a jacket with the aphorism Fuck the Draft emblazoned across the back, because persons at the courthouse could avert their eyes if offended (Cohen v. California, 403 U.S. 15, 91 S. Ct. 1780, 29 L. Ed. 2d 284 [1971]). “One man’s vulgarity,” the Court said, “is another’s lyric,” and the words chosen in this case conveyed a stronger message than would a sublimated variation such as Resist the Draft.

I think you could make a reasonable argument that, since it’s his name and would be called out at all times on all occasions, possibly repeatedly, it makes it impossible for people around him to avoid or ignore the use of the word. So anyone who is offended, has perfect argument for getting angry and potentially getting into a fight.

[Dead_Badger]

@Darth Nader

Dead Badger, I’m very, very sorry. But-- somehow, I have linked your text to Tom Baker’s voice in my head…

Don’t apologise - my internal monologue will be in Tom Baker’s voice all day now, and this can only be a good thing.

[Baron_Greenback]

@Dead Badger

Mr Cuntymints McFuckbaggins

chortle

I guess in the UK it’s pretty lax about what you can call yourself - some twat changed his name legally to Tarquin Fin-tim-lin-bin-whin-bim-lim-bus-stop-F’tang-F’tang-Olé-Biscuitbarrel.

[PaulParkhead]

@Struan

chortle

I guess in the UK it’s pretty lax about what you can call yourself - some twat changed his name legally to Tarquin Fin-tim-lin-bin-whin-bim-lim-bus-stop-F’tang-F’tang-Olé-Biscuitbarrel.

I have no hope of finding a cite for this, but wasn’t there some guy who changed his name to something like NatWest Bank are Fascist Bastards just so the bank would have to print that on his cheques? IIRC, NatWest closed his account.

[VinylTurnip]

@Dead Badger

Incidentally, as of the end of this sentence there have been eleven “fucks”, three “cunts” and five “niggers” in this thread,

Yeah, but what about the other ten posters? Don’t their opinions count?

[Tapioca_Dextrin]

@PaulParkhead

I have no hope of finding a cite for this, but wasn’t there some guy who changed his name to something like NatWest Bank are Fascist Bastards just so the bank would have to print that on his cheques? IIRC, NatWest closed his account.

It was the Yorkshire Bank, not the Nat West

In 1995 Michael Howerd was charged £20 for a £10 overdraft on his bank account at Yorkshire Bank’s Horsforth branch. The 30-year-old marketing consultant changed his name by deed poll to “Yorkshire Bank plc are Fascist Bastards”, the name the bank had to use on a cheque repaying the residue of his account.

[Larry_Mudd]

@Q.E.D.

I don’t know as I’d go so far as to call it child abuse, but yeesh; it’s certainly retarded.

I think that’s abusive. When you consider the direct consequences of hanging a name like that on someone, you have to lay the blame for it at the feet of the parents. Also, while it might be a term of endearment for an infant, it has other connotations for adults. That’s pretty cruel.

I used to have some Deadhead friends that gave their eldest child the middle name “Sativa.” Nice people, but jackasses.

[VarlosZ]

I don’t have an opinion to share about the judge’s ruling, but I did want to ask a favor. If I’m ever at a bar or a party, and you see me get trapped in a conversation with Fuck Censorship, just shoot me in the fuckin’ face. Seriously.

[Dead_Badger]

Just one more reason to allow it; you’ll know to start plotting your escape as soon as you’re introduced, giving you precious extra seconds to dive behind the punch bowl, or fake a coronary.

[PaulParkhead]

@Tapioca Dextrin

It was the Yorkshire Bank, not the Nat West

Thanks. At least I know I didn’t just dream that story. Though I also like the manure spreading farmer…

I dunno. Bank of America just charged me $70 for a $2 overdraft. My course of action seems clear…

[Mighty_Girl]

The Dominican Republic has no law against naming your child *whatever *you want (and some people do just that). However I believe a Civil Judge (as they are called here) can refuse to officially name a child a word that is insulting or obscene.

In Denmark it is completely controlled by the state. There is an official list of names approved (from which we chose our daughter’s name).

People expecting children can choose a pre-approved name from a government list
of 7,000 mostly Western European and English names - 3,000 for boys, 4,000 for
girls. A few ethnic names, like Ali and Hassan, have recently been added. But
those wishing to deviate from the official list must seek permission at their
local parish church, where all newborns’ names are registered. A request for an
unapproved name triggers a review at Copenhagen University’s Names Investigation
Department and at the Ministry of Ecclesiastical Affairs, which has the ultimate
authority. The law only applies if one of the parents is Danish.
<nettime> Danish Government Decrees Proper Names for Children

In our case we wanted our daughter’s name to follow the Hispanic convention, that is father’s surname followed by mother’s surname. It took two tries and a letter to explain why and how to do it.

Here’s the law: http://www.familiestyrelsen.dk/other-languages/english/the-danish-act-on-names/
And here’s the list: http://www.familiestyrelsen.dk/navne/1/?no_cache=1

[JThunder]

@fruitbat

As silly as it may seem, I can’t help believe that refusing to allow a person to change their name as a politcal statement violates their freedom of speech.

As others have pointed out, he can call himself whatever he wants. This doesn’t mean that the government is obligated to recognize and acknowledge his new name, though.

@fruitbat

It isn’t obscene (despite the fuck)…

Dude, that word is EXACTLY what makes it obscene by most normal community standards.

[Dead_Badger]

@JThunder

As others have pointed out, he can call himself whatever he wants.

And as still others have pointed out (he said, modestly), this is a completely useless argument in favour of denying the name official recognition, since it proves that the government is completely powerless to prevent the name from causing offence, just as it’s powerless to stop me directly calling you a penis. And yet this is offered as the main purpose of the censorship, despite it demonstrably achieving nothing.

Moreover, the guy clearly wanted the name to get rejected; it would’ve been hilarious to wave it through. Then they could repeatedly censor his attempts to change it back, and he’d have to forever explain at parties (to innocent bystanders like VarlosZ) how he’d had a brilliant point to make about The Man, but The Man had outsmarted him.

I don’t really think you’re a penis, by the way; that was an example.

I just think you’re kind of a son-of-a-bitch.

[Biffy_the_Elephant_Shrew]

@Darth Nader

Testing…

Fail.

[elmwood]

@TheFury

I shoud’ve made clear that there are *many * countries that are sensitive in diffrent issues. But from a personal perspective, I do tend to find “Americans” in general (with many exceptions, of course) to get easily offended with minor things.

When Europeans prohibit name changes, or even restrict permitted names to a list of a few hundred or thousand, it’s sensible and logical; a way to prevent children from being teased, protect national culture, and so on. When Americans prohibit name changes, it’s because they’re too sensitive and puritanical.

Lars to Judge: I vant to change my name from Lars to Shitstain, no?
EuroJudge: No, Shitstain it is not on de list of da approved names, ya?
Europhile Doper: This makes sense, since it protects the cultural heritage of Lars’ country.

John to Judge: I want to change my name from John to Shitstain.
AmeriJudge: No. It’s profane, and could be considered a fighting word.
Europhile Doper: Americans are so puritanical and conservative! Also, no metric system, ugly currency, people that still write checks, and the US version of The Office sucks compared to the UK version.

[Charger]

I say we let him have “Fuck” for a first name. But his last name has to be “Dupp” or “Spigs.”

[Darth_Nader]

@Biffy the Elephant Shrew

Fail.

Win.

[clairobscur]

@brujaja

“Pomme”? Was that it? Because I think that would have been a pretty name.

Yes. And actually, it’s the name everybody use, despite it not being her official name.
Actually, “pomme” can be used, even though it’s very rare, as a very mild insult (like in “pauvre pomme!”. Maybe it’s what the deputy mayor had in mind, even though it didn’t cross my mind (nor her parent’s).
In fact, the main character of a once well-known novel was called “Pomme”. My sister-in-law was irritated that I hadn’t told them about the novel, because it would have helped their case (I’m not sure it would have). But I had precisely assumed that they had found the name in the novel, so I had no reason to mention it.

[Darth_Nader]

This story from the UK sorta fits…

Examiners gave him the marks because he spelt the obscenity correctly and managed to convey a meaning.

[UltraVires]

If our founding fathers only broke away from England and formed our own country for one reason only, it was so that any American who wanted to could be called Mr. FuckNuts.

It is a basic human right.