NEWS: Comedians Arrested For Telling Lawyer Jokes

HenryTNoob said:

Freedom of speech is not absolute. There are all kinds of perfectly constitutional ways in which speech is limited by law. It may be illegal, for example, to yell fire in a crowded theater and such a law restricting such speech would be entirely constitutional. The legislative body making the law has to have some valid state interest in making a law that restricts first amendment right to speech. One might argue that preserving public order in a courthouse is a compelling state interest. So, it's quite likely that if the people making the jokes were indeed causing a disturbance that they were not within their legal rights.

priapus said:

You should spend a day in the Harris County Courthouse...especially the family law center...and trust me, lawyers themselves stand around in the common areas of courthouses telling jokes to each other every day. If they were actually disturbing a proceeding, I think you're right, if they were just annoying the anointed brethren, I don't think the arrest can stand.

HenryTNoob said:

Freedom of speech is not absolute. There are all kinds of perfectly constitutional ways in which speech is limited by law. It may be illegal, for example, to yell fire in a crowded theater and such a law restricting such speech would be entirely constitutional. The legislative body making the law has to have some valid state interest in making a law that restricts first amendment right to speech. One might argue that preserving public order in a courthouse is a compelling state interest. So, it's quite likely that if the people making the jokes were indeed causing a disturbance that they were not within their legal rights.

Lemonnier said:
Of course, the ironic thing about this is that if they want to challenge this, they might have to get...

A lawyer.

mydogfarted said:

New York has Ron Kubi (sp?) - a truly bizarre lawyer who will probably take the case Pro-Bono just for the media coverage.

HenryTNoob said:
They were behaving like Waldorf and Stadler in a courthouse.

HenryTNoob said:
Freedom of speech is not absolute. There are all kinds of perfectly constitutional ways in which speech is limited by law. It may be illegal, for example, to yell fire in a crowded theater and such a law restricting such speech would be entirely constitutional. The legislative body making the law has to have some valid state interest in making a law that restricts first amendment right to speech. One might argue that preserving public order in a courthouse is a compelling state interest. So, it's quite likely that if the people making the jokes were indeed causing a disturbance that they were not within their legal rights.

The pair said that for years they have stood outside courthouses on Long Island and mocked lawyers.

mydogfarted said:
New York has Ron Kubi (sp?) - a truly bizarre lawyer who will probably take the case Pro-Bono just for the media coverage.

HenryTMensch said:

Freedom of speech is not absolute. There are all kinds of perfectly constitutional ways in which speech is limited by law. It may be illegal, for example, to yell fire in a crowded theater and such a law restricting such speech would be entirely constitutional. The legislative body making the law has to have some valid state interest in making a law that restricts first amendment right to speech. One might argue that preserving public order in a courthouse is a compelling state interest. So, it's quite likely that if the people making the jokes were indeed causing a disturbance that they were not within their legal rights.

Cash said:

Take from a first year, Intro to Law class....the ol' "Fire in a crowded theater" analogy. Preserving order in the courtroom is reasonable. Expecting orderly, silent conduct in the lobby isn't. My job puts me in a courtroom setting all the time...State Superior Court to be specific. The lobby is a madhouse. Yes, you'd better shut your mouth when you're in the court room...in the presence of a judge, but in the fucking lobby? I think not.

Like you said somewhere else in the thread...something is missing from the story. I find it highly unlikely that these guys got a pair of silver bracelets for making a few bad jokes. I find it more likely that they were told to shut up by a Sheriff's Officer and decided not to.

WilliamIV said:
Then the Lawyers should have been arrested as they were the ones making a disturrbance by protesting

PS are you a lawyer or are any of your friends or relatives lawyers?

WilliamIV said:
How can a sheriffs deputy makea lawful order not to tell lawyer jokes?

HenryTMensch said:

I would imagine that a sheriff's deputy can make a lawful order not to cause a disturbance in a courthouse and that in this particular instance that involved not telling anymore lawyer jokes.