Middle Finger & First Amendment

choi

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Jan Hoffman, Is a Gesture Obscene or Not? New York Times, Mar. 14, 2010.
http://www.nytimes.com/2010/03/14/fashion/14Finger.html?scp=1&sq=finger%20amendment&st=cse
("Exceptions could be made, he said, in schools or courtrooms — where
preserving decorum is a legitimate state interest.")

Note:
(a) The online article provides a link to

Ira P. Robbins, Digitus Impudicus: The Middle Finger and the Law. Univ. of
California, Davis Law Review, Vol. 41: 1403 (2008).
http://lawreview.law.ucdavis.edu/issues/41-4_Robbins.pdf
("The Supreme Court has not directly ruled on whether the middle finger
gesture falls within this definition of obscenity, but it has intimated that
the f-word — the verbal equivalent of the middle finger gesture — does
not.")

Whose footnote 64 states, "The English equivalent of 'digitus impudicus' is
'the impudent finger.' MORRIS
ET AL., supra note 56, at 81. Ancient Romans also referred to the gesture as
* * *"

Please recall the English adjective "impudent":
"from Latin impudens, from in- + pudens, present participle of pudēre to
feel shame"  www.m-w.com

(b) Finger (gesture)
http://en.wikipedia.org/wiki/Finger_(gesture)
("It is identified as the digitus impudicus (impudent finger) in Ancient
Roman writings and reference is made to using the finger in ancient Greek
comedy to insult another person. The widespread usage of the finger in many
cultures is likely due to the geographical influence of the Roman Empire and
Greco-Roman civilization.")

(c) Compare

City of Houston v. Hill, 482 U.S. 451 (1987)
http://supreme.justia.com/us/482/451/case.html
(When observing police approaching his friend, Raymond Wayne Hill shouted, "
Why don't you pick on somebody your own size?")


--------------Separately
(1) 2009 Human Rights Reports: Taiwan. Bureau of Democracy, Human Rights,
and Labor, State Department, Mar. 11, 2010.
http://www.state.gov/g/drl/rls/hrrpt/2009/eap/135990.htm

Quote:

"Former president Chen Shui-bian was detained for approximately 10 months,
except for a short break, before his conviction on various corruption
charges (see section 4). The district court, in justifying his detention,
expressed concern that Chen could collude with witnesses, tamper with
evidence, and posed a flight risk. His preindictment detention was for one
month

"In September former president Chen Shui-bian and his wife Wu Shu-jen were
convicted on corruption and money laundering charges, and both were
sentenced to life in prison. Chen, who remained in detention, filed an
appeal with the Taipei High Court. Some observers, including Chen's
supporters, asserted the judicial process in Chen's case was flawed and
protested his continued detention. Others said the trial demonstrated that
even the highest officials would be held accountable to the law.


(2) 台法务部长因死刑之争请辞获准. VOA Chinese, Mar. 11, 2010.
http://www1.voanews.com/chinese/news/taiwan/Taiwan-minister-20100311-87393767.html
("根据盖洛普民意调查机构在去年10月公布的民意调查，百分之65的美国人继续支持对
部分被判谋杀罪者处以死刑，百分之31的人反对这么做。这个民调显示，过去6年来支
持维持死刑的人数几乎不变。")

My comment:
(a) KMT holds more than two thirds of seats in Taiwan legislature. I do not
know why Pres. Ma Ying-jeou cannot muster enough support to pass the
legislation. Pres. Ma, when interviewed by foreign media, proudly said his
administration had not executed anybody. The truth is: the trend was started
by former president Chen hui-bian. There are 44 in Taiwan death row. The
last executions in Taiwan were of two people in 2005.

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