any truth to this code of law? - Chicagoland Sportbikes
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post #1 of 9 (permalink) Old 04-19-2009, 09:13 AM Thread Starter
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any truth to this code of law?

Illinois laws Sec. 0.01. Short title. This Act may be cited as the Harassing and Obscene Communications Act. (Source: P.A. 90-578, eff. 6-1-98)-(720 ILCS 135/1) Sec. 1. Any person in this State who sends messages or uses language or terms which are obscene, lewd or immoral with the intent to offend by means of or while using a telephone or telegraph facilities, equipment or wires of any person, firm or corporation engaged in the transmission of news or messages between states or within the State of Illinois is guilty of a Class B misdemeanor. The use of language or terms which are obscene, lewd or immoral is prima facie evidence of the intent to offend. (Source: P.A. 77-2620.)



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post #2 of 9 (permalink) Old 04-19-2009, 09:23 AM
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There are many communication laws that have this type language/intent.

The hinge, I believe, is: "...with the intent to offend ..."

The defense being: Oh, I didn't mean to offend!

Everyone Exaggerates

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post #3 of 9 (permalink) Old 04-19-2009, 09:29 AM
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These prohibitions on lewd or obscene content are standard boilerplate in communications acts at the state and federal level.

For Instance, as a licensed commercial radio operator, I can lose my federal license if I'm cited for transmitting obscenities. This applies as well to 2-way (commercial) licenses, the old CB band, and virtually all radio frequencies other than cellular phone calls.

While these laws seem quaint as the US culture has become coarser over the lat 20 years or so, these rules were taken very seriously by broadcasters and operators when I came into the industry some 35 years ago. In this decade, these rules were used to fine CBS for the "Janet Jackson clothing malfunction" incident during the Super Bowl broadcast.

Several laws have tried to apply these same standards for decency to the Internet. At this point, some have survived, and some have been struck down by the courts.

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post #4 of 9 (permalink) Old 04-19-2009, 09:31 AM
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I always send threatening and lewd telegraphs.


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post #5 of 9 (permalink) Old 04-19-2009, 09:43 AM
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You could just politely ask me to stop calling

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post #6 of 9 (permalink) Old 04-19-2009, 11:19 AM
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Ken, I told you about that law in an attempt to STOP you from texting me pictures of you junk. I don't care if you had a Brazilian, it is obscene.

My next step will be contacting the FCC>

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post #7 of 9 (permalink) Old 04-19-2009, 11:48 AM Thread Starter
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i am asking cause i saw it on a site i just registered at, and wondered is its real or made up.



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post #8 of 9 (permalink) Old 04-19-2009, 12:18 PM
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i am asking cause i saw it on a site i just registered at, and wondered is its real or made up.
IANAL, but it's probably one of those that are real but unenforceable.

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post #9 of 9 (permalink) Old 04-19-2009, 12:42 PM
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I remember when Ken was really obscene when I told him, I'd prefer him having a hairy back and he waxed his back for nothing.
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