Mercer, May I?

July 5, 2011

Representative Moore:

I am confused by the recent passage of a law which seeks to punish drivers of vehicles displaying “offensive” bumper stickers – specifically, bumper stickers that are “obscene” or “patently offensive.” You stated that prior to the passage of this bill, to paraphrase, that you received complaints regarding “obscene” bumper stickers. I am curious to know what your constituents consider “obscene.” What most average citizens would consider obscene may be different from the language of the law.

In order for something to be deemed “obscene” it must satisfy ALL of the following: it must appeal to the prurient interest; describe sexual conduct; AND as a whole, lack serious literary, artistic, political, or scientific value. In order for something to be considered “patently offensive,” it must go substantially beyond customary limits of candor in describing the aforementioned. For example, if I had a bumper sticker that read “Fuck this asinine bumper sticker law,” I would not be in violation because “fuck,” in this instance, is used to express emotional outrage (as protected by my First Amendment rights, Cohen v. California), not a sexually explicit act; furthermore, the statement also has political value. Though I am certain your constituents would complain about this hypothetical bumper sticker, according to the precedent previously established for what is deemed obscene and patently offensive, I would have every right to display it without penalty.

That being said, certainly you can see why I am confused. Virtually all bumper stickers, except those with blatant pornography plastered on them, are protected by the freedom of speech. I am assuming you, as a representative of the State of Tennessee are aware of this, right? Are your constituents aware as well? Maybe you should inform them. Maybe you should also inform your uniformed police officers, considering the large volume of “offensive” bumper sticker complaints that are soon to pour into your precincts.

Kindest Regards.