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username
Title: owner of a lonely heart
Joined: Jul 06 2007
Location: phoenix, az usa
Posts: 16136
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| Quote: |
A 19-year-old teen will test Australia’s laws as the first person to be charged with offensive behavior, for listening to rap music.
Nathan Michael Wilkie was charged with offensive behavior as he waited in his car listening to Australian rapper Kid Selzy, while his mother was grocery shopping.
Police heard Wilkie listening to an explicative filled song, which they deemed offensive and derogatory towards women.
The Herald Sun reports that the case will go to trial in June, where Wilkie is expected to plead not guilty to the offense.
Kid Selzy himself plans to attend the trial, after Wilkie’s mother posted a message on his Myspace page.
"Unfortunately he saw me (his mum) coming out of the local supermarket with shopping bags and left his car running and music playing to help me with my bags and the local cops pulled in, Mrs. Wilkie wrote.
Kid Selzy told The Sun the whole ordeal was a waste of tax dollars.
“From what I believe, everyone has the right to their own opinion. I have lost two of my best mates in the last couple of years in tragic circumstances and I feel that listening to his music relates to life," Kid Selzy said.
Kid Selzy’s album The Creepshow will be played during the trial, which is slated for June 11th. |
http://thacorner.net/index.php?option=com_content&view=article&id=918:19-year-old-arrested-for-listening-to-rap-music&catid=55:news&Itemid=181
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| Klimbatize wrote: |
| I'll eat a turkey sandwich while blowing my load |
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TheRoboSleuth
Title: Sleuth Mark IV
Joined: Aug 08 2006
Location: The Gritty Future
Posts: 2739
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Policing offensive behavior is just nigh impossible. I mean, there's no way to even approximate a legal standard for this sort of thing because its purely subjective.
Lets get a "Fuck yeah!" for good American liberties versus Australian stupidity.
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anorexorcist
Title: Polar Bear
Joined: May 21 2008
Location: The Cock and Plucket
Posts: 2131
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If anything this will help the rappers sales.
This is pretty stupid. I agree with the rapper that it's a waste of tax payers money.
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The Opponent
Title: Forum Battle WINNER
Joined: Feb 24 2010
Location: The Danger Zone
Posts: 3495
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There is justice in the world. Sadly, it will be met with tenfold backlash from all parties involved.
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 I'm not a bad enough dude, but I am an edgy little shit. I'll do what I can. |
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Godofhardcore
Joined: Feb 22 2010
Posts: 351
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This is why I hate australia. They have Censorship laws that would make Germany say WOAH DUDE THATS TOO MUCH.
Did you know It's now illiegal in australia to be in porn if you're a flat chested female.
Geez... not all guys like huge honkers...
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Cpt. Fantastic
Title: El Capitan
Joined: May 29 2008
Location: The Great Northwest
Posts: 196
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| RobotGumshoe wrote: |
Policing offensive behavior is just nigh impossible. I mean, there's no way to even approximate a legal standard for this sort of thing because its purely subjective.
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It's like Justice Stewart wrote in a famous Supreme Court case about hard-core pornography, "I shall not today attempt further to define the kinds of material but I know it when I see it."
It is just too hard to articulate a standard. What is prurient to one, is easy listening to another. This sort of public welfare legislation, while aimed at controlling and protecting youths, only furthers the goals of the producers of such material. Telling a kid he can't do something or listen to a certain thing is only going to pique his curiosity. Just sayin...
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 "I have been accused of vulgarity. I say that's bullshit"
-Mel Brooks
"I can wire anything directly into anything! I'm the Professor!"
-Professor Hubert J. Farnsworth |
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Captain_Pollution
Title: Hugh
Joined: Sep 23 2007
Posts: 1591
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Glancing around quick, it looks like the music he was blasting had more than a few cusses in it. Wouldn't public profanity laws get you in trouble for that, even in America?
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 <Drew_Linky> Well, I've eaten vegetables all of once in my life.
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IceWarm
Joined: Dec 22 2008
Location: Breckenridge, Colorado
Posts: 1691
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| Captain_Pollution wrote: |
| Glancing around quick, it looks like the music he was blasting had more than a few cusses in it. Wouldn't public profanity laws get you in trouble for that, even in America? |
If he was playing it loud enough for other people to hear it then that is fair in my opinion. Enjoy your music but don't make all of us have to hear it.
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 "Anybody who ever built an empire, or changed the world, sat where you are now. And it’s because they sat there that they were able to do it."
"Fighting in a basement offers a lot of difficulties, number one being, you're fighting in a basement."
"You're Not So Tough Without Your Veggie!" |
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Captain_Pollution
Title: Hugh
Joined: Sep 23 2007
Posts: 1591
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Considering cops heard it, it was obviously loud enough for others to hear, I figure. Agreed, though.
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 <Drew_Linky> Well, I've eaten vegetables all of once in my life.
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Pandajuice
Title: The Power of Grayskull
Joined: Oct 30 2008
Location: US and UK
Posts: 2649
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| IceWarm wrote: |
| Captain_Pollution wrote: |
| Glancing around quick, it looks like the music he was blasting had more than a few cusses in it. Wouldn't public profanity laws get you in trouble for that, even in America? |
If he was playing it loud enough for other people to hear it then that is fair in my opinion. Enjoy your music but don't make all of us have to hear it. |
Agreed. As is the case in every one of these "sensationalist, omg wtf" news stories, big pieces are left out that you need to fill in before flipping out. Obviously this idiot was blaring the music enough for two cops a good distance away to hear it, potentially disturbing the peace and if it is filled with expletives, is against the law even in America.
Just don't be a fucking douchebag and you won't get hassled in life. Why is it hard for people to understand that?
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IceWarm
Joined: Dec 22 2008
Location: Breckenridge, Colorado
Posts: 1691
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This is why I can't stand when cars drive by with all their windows down blaring their music.
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 "Anybody who ever built an empire, or changed the world, sat where you are now. And it’s because they sat there that they were able to do it."
"Fighting in a basement offers a lot of difficulties, number one being, you're fighting in a basement."
"You're Not So Tough Without Your Veggie!" |
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Captain_Pollution
Title: Hugh
Joined: Sep 23 2007
Posts: 1591
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Yeah, windows down, music up (Or just music up aload), is a really douchey, inconsiderate thing to do.
...That doesn't mean it's not fun, though, 'specially with metal.
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 <Drew_Linky> Well, I've eaten vegetables all of once in my life.
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Dr. Jeebus
Moderator
Title: SLF Harbinger of Death
Joined: Sep 03 2005
Location: Wakefield, MA
Posts: 5228
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Yeah, everyone's an asshole. The headline makes it sound like they're trying to outlaw rap music, and this has nothing to do with what genre the music was, but with the lyrical content and intrusive manner in which citizens were being forced to listen to it without their consent. From the details given in the quoted article it's hard to say whether or not they'd get in trouble in America for this, but it's definitely possible.
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dr.jeebus.sydlexia.com - Updated sometimes, but on hiatus!
| UsaSatsui wrote: |
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Undeath
Title: Facepuncher of Asses
Joined: Jan 15 2009
Location: Here
Posts: 608
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I agree. It's not the music, it's the goddamn volume. People around here listen to shit so maddeningly powerful, it shakes their cars. I will laugh the day the first person's car literally shakes itself to pieces because of the sound system. My former roommate had a system so powerful, it literally knocked the wind out of me. It's pretty horrible when your sound is so powerful, it's like falling down a flight of stairs to listen to it. At least he was listening to Pantera, but with a system that loud, I think it only took one Dimebag solo to give me permanent tinnitus.
That being said, I find the interstate to be the exception. If I'm blazing down the highway, it makes me feel happy to be blaring Judas Priest.
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| Cracked.com wrote: |
"MARGARINE IS ONE MOLECULE AWAY FROM PLASTIC."
Not only is that not right, that's not even wrong. It's a meaningless statement. Saying something is "one molecule away" from plastic is like saying a farm is one letter away from a fart. Water is "one molecule away" from being explosive hydrogen gas. |
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Ross Rifle
Title: Rock N Roll God
Joined: Oct 29 2006
Location: Chilliwack, BC
Posts: 4844
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| Undeath wrote: |
I agree. It's not the music, it's the goddamn volume. People around here listen to shit so maddeningly powerful, it shakes their cars. I will laugh the day the first person's car literally shakes itself to pieces because of the sound system. My former roommate had a system so powerful, it literally knocked the wind out of me. It's pretty horrible when your sound is so powerful, it's like falling down a flight of stairs to listen to it. At least he was listening to Pantera, but with a system that loud, I think it only took one Dimebag solo to give me permanent tinnitus.
That being said, I find the interstate to be the exception. If I'm heading out to the highway, it makes me feel happy to be blaring Judas Priest. |
Fixed.
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Cpt. Fantastic
Title: El Capitan
Joined: May 29 2008
Location: The Great Northwest
Posts: 196
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The issue wasn't the volume of the the music, it was the content (based on my limited research). And the issue also isn't that other were being forced to hear it, it was strictly an arrest based on the content of the music. That is what has the "sensationalist, omg wtf" poeple up in arms. It's one thing for the government to pass reasonable time\place\manner restrictions on speech, but content-based restrictions are what's bullshit.
I think it would be very difficult for legislation such as this to pass muster in the US. It is very difficult, if not impossible, to craft a law aimed at the suppression of free expression that does not run afoul of the First Amendment. See, Tinker v. Des Moines School District and US v. Brown. OR not, whatever.
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 "I have been accused of vulgarity. I say that's bullshit"
-Mel Brooks
"I can wire anything directly into anything! I'm the Professor!"
-Professor Hubert J. Farnsworth |
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Captain_Pollution
Title: Hugh
Joined: Sep 23 2007
Posts: 1591
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I've only done limited research as well, so we're on even ground. But here's a question, if others weren't forced to hear it, then how did the cops hear it? Is your argument that the cops had nothing better to do but go up to random cars, open the doors, and see what's playing on the stereo? Anything else and they'd be being forced to hear it, in my books.
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 <Drew_Linky> Well, I've eaten vegetables all of once in my life.
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Blackout
Title: Captain Oblivious
Joined: Sep 01 2007
Location: That Rainy State
Posts: 10376
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The children shouldn't be listening to the rap music anyway, it gives them the brain damage.
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nihilisticglee
Joined: Oct 12 2007
Posts: 821
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| Captain_Pollution wrote: |
| I've only done limited research as well, so we're on even ground. But here's a question, if others weren't forced to hear it, then how did the cops hear it? Is your argument that the cops had nothing better to do but go up to random cars, open the doors, and see what's playing on the stereo? Anything else and they'd be being forced to hear it, in my books. |
From what I read in the article, he opened the door to help with mother bring groceries bags to the car. He left the door open, and while the cops couldn't hear it with the door shut, apparently they could with the door open.
This is only judging from the wording of the article linked.
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Captain_Pollution
Title: Hugh
Joined: Sep 23 2007
Posts: 1591
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That is what it sounded like, yeah, but I don't see how walking by and hearing it isn't being "forced to hear it." It doesn't matter if you probably couldn't hear it with the door shut - the door was open.
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 <Drew_Linky> Well, I've eaten vegetables all of once in my life.
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Cpt. Fantastic
Title: El Capitan
Joined: May 29 2008
Location: The Great Northwest
Posts: 196
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The issue isn't whether other were forced to hear it, it's that the basis for the kid being cited was the law which only dealt with the content of the music. Had he been blaring the Partridge Family, he could not have been cited for playing the music. I have no problem with a law that restricts time\place\manner of speech, it is where the law restricts the content of speech that raise my ire. Also, I'm an American, and we have the First Amendment. Australia has no free speech provision of their constitution.
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 "I have been accused of vulgarity. I say that's bullshit"
-Mel Brooks
"I can wire anything directly into anything! I'm the Professor!"
-Professor Hubert J. Farnsworth |
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Captain_Pollution
Title: Hugh
Joined: Sep 23 2007
Posts: 1591
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Last I checked, every single state has public profanity laws.
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 <Drew_Linky> Well, I've eaten vegetables all of once in my life.
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Cpt. Fantastic
Title: El Capitan
Joined: May 29 2008
Location: The Great Northwest
Posts: 196
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Public profanity laws are unconstitutional except in limited circumstances. For instance, "fighting words," "true threats," in in forums over which the speaker is subject to the control of others (for instance schools, or over public airwaves). A law that simply restricts profanity outright is most likely unconstitutional and very few states have them and those that do have yet to have those laws challenged.
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 "I have been accused of vulgarity. I say that's bullshit"
-Mel Brooks
"I can wire anything directly into anything! I'm the Professor!"
-Professor Hubert J. Farnsworth |
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Pandajuice
Title: The Power of Grayskull
Joined: Oct 30 2008
Location: US and UK
Posts: 2649
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| nihilisticglee wrote: |
From what I read in the article, he opened the door to help with mother bring groceries bags to the car. He left the door open, and while the cops couldn't hear it with the door shut, apparently they could with the door open.
This is only judging from the wording of the article linked. |
Come on guys. Do you really believe that's what happened? A guy quietly enjoying his selection of profanity riddled and no doubt violent rap music sweetly and innocently opened the car door to help his poor, ailing mother and the evil cops jumped on him in an attempt to ban rap music forever!
Wake up.
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UsaSatsui
Title: The White Rabbit
Joined: May 25 2008
Location: Hiding
Posts: 7565
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There are laws against public obscenity in the US, but none I know of that ban public profanity.
Context is important. Swearing in a public argument or during a demonstration is fine, but cursing a blue streak to a police officer is gonna get you arrested.
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