I don't know how they will enforce this one without running afoul of the First Amendment.

Brazoria Mayor Ken Corley wants offensive use of the "n-word" to be punishable by a fine of up to $500 in his town.

"It's not a particular problem in Brazoria," Corley said, "but it's a national problem."

Corley said he got the idea while watching two black ministers talking on television about how offensive that word is. "I just think it would be great if this little town of Brazoria, with 2,800 people, leads the way in fighting against this offensive language," said Corley.

He said if the ordinance passes, he may ask for it to be expanded to include other racial slurs.

He believes Brazoria would be the first place in the country where the racial slur would be outlawed. But at least one legal expert said Monday that such an ordinance may not stand up in court.

The ordinance wouldn't forbid anyone from saying the word, Corley said, but would outlaw using the word in an offensive or aggressive manner. Violators would be charged with disturbing the peace, he said.

"It would be up to somebody who was offended to file a complaint, like any other disturbance complaint," he said.

Ah, but who will decide what constitutes an "offensive" use of the word, and what constitutes an "inoffensive" use of the word? Will I, a white man, be able to file a complaint against a bunch of teenagers standing on the corner saying "nigga this" and "nigga that"? Or will this be a crime that only a black can report, because "its a black thing"? The article makes clear that it would be the latter. since "friendly" uses of the wod would be allowed.

And if the expansion to cover other terms is made, will it become a de facto "hate speech" ban, which is repugnant to the First Amendment?

What can I say -- their hearts are in the right place, but the authors of this ordinance need to wrap their minds around the Constitution.

Posted by: Greg at 11:26 PM | Comments (2) | Add Comment
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